MOHD SHARIEF AND OTHERS Vs. COLLECTOR

JUDGEMENT

(1.) In this appeal, the appellants have assailed the validity of the judgment dated 05.05.2006 passed by the learned Single Judge by which the appeal preferred by the respondent has been allowed and the order passed by the District Judge awarding compensation at the enhanced rate in favour of the appellants herein has been set aside and the award passed by the Collector has been restored. In order to appreciate appellants' challenge to the impugned award, relevant facts need mention which are stated infra.

(2.) Admittedly, the appellants are owners of land ad-measuring 44 kanals and 15 marlas situate at Village Rampur, Tehsil Rajouri. The aforesaid land was required for public purpose for construction of District Institute of Education and Training Complex. A notification under Section 4(1) of the J and K Land Acquisition Act, Svt. 1990 (hereinafter referred to as 'the Act') was issued on 15.09.1989 by which the interested persons were asked to file objections within a period of fifteen days. Thereafter a declaration under Section 6 of the Act was issued on 10.09.1990. The Collector invoked the urgency clause under Section 17 of the Act and permitted the indenting department to take possession of the land vide order dated 07.11989. Thereafter, the notices under Section 9, 9-A and 9(2) of the Act were issued on 201.1990 and 23.03.1990, and interested persons and indenting department were asked to submit their objections, if any, with regard to possession and measurement of the land. Thereupon, the appellants filed the objections. After considering the objections, the Collector, Land Acquisition, Rajouri passed the award on 01.01.1993 by which the Collector, inter alia, by taking into account the location, productivity, commercial value of the land assessed the market value of the land at Rs. 26,000/- per kanal and awarded the interest as is admissible under various statutory heads.

(3.) Being dis-satisfied with the quantam of compensation, the appellants filed an application under Section 18 of the Act seeking reference for enhancement of the amount of compensation. It is pertinent to mention here that in the application under Section 18 of the Act, the enhancement of compensation was sought to the extent of Rs. 1,00,000/- per kanal by the appellants. Thereupon, the matter was referred to the District Judge. The District Judge by a judgment dated 31.02000, enhanced the amount of compensation to Rs. 2.60 lacs per kanal and held the appellants, entitled solatium @ 15 per cent from the date of issuance of the notification till realization of the amount awarded in favour of the appellants. Being aggrieved, the respondent filed an appeal before the learned Single Judge. The learned Single Judge vide judgment dated 05.05.2006 inter alia held that there was no material on record with regard to assessment of market value of the land in question so as to enhance the market value of the land by ten times from Rs. 26,000/- to Rs. 2.60,000/- per kanal. Accordingly, the judgment passed by the judgment passed by the District Judge was set aside and the appeal preferred by the respondent was allowed. In the aforesaid background, the appellants have filed this appeal.