HANS RAJ AND OTHERS Vs. COLLECTOR

JUDGEMENT

(1.) All these appeals have arisen out of seven different judgments passed by the learned Additional District Judge, Jammu, dated 16.07.2007, whereby claimants-appellants in first seven cases herein have been held entitled to increased compensation of Rs. 30,000/- per kanal along with proportionate jabrana and interest as admissible under law.

(2.) Since common question of law and facts are involved in all these appeals, same were considered and heard together and are being disposed of by this common judgment.

(3.) The facts leading to filing of present Appeals, as gathered from the appeal records, are that in the year 1981 Additional Secretary to Government, Revenue Department, issued notification dated 19.10.1981 under Section 6 of the Land Acquisition Act, 1990 declaring that the land measuring 180 kanals and 9 marlas in various survey numbers situated in Village Vijaypur, Tehsil Samba, is needed for public purpose, i.e., for construction of Main Ravi Canal. The said land also included the land of claimants-appellants herein. Thereafter, the Collector passed the final award on 16.01995 fixing the rate at Rs. 10,000/- per kanal for Hail Mera-1 and Mera-1, Rs. 2000/- per kanal for Qadeem Banjar and Ghair Mumkin, Rs. 5066/- for costs of trees and Rs. 3367/- for costs of the shop along with jabrana @ 15% per annum. After passing of the award, claimants-appellants accepted the compensation under protest. Since they were not satisfied with the amount of compensation, claimants-appellants moved an application before the Collector Land Acquisition for making a reference and enhancement of compensation to the tune of rupees one lac per kanal being the market value of said land at the relevant point of time. The reference court, i.e., Additional District Judge, Jammu after entering upon the reference on 16.11.1995 framed the following issues: