COLLECTOR LAND ACQ NORTHERN RAILWAY Vs. BALAK RAM

JUDGEMENT

(1.) THE appellant through the present appeal seeks setting aside of judgment and decree dated 30-3-2002 passed by the learned District Judge, udhampur by which he has enhanced the compensation of the land acquired under the land Acquisition Act.

(2.) THE facts in detail are that on the requisition of Deputy Chief Engineer Construction Northern Railways, Jammu proceedings under the provisions of Land Acquisition Act were initiated for acquisition of land measuring 71 kanals 6 marlas for construction of Jammu Udhampur Railway Link Line. A notice under Section 4 (1) of the Land Acquisition Act was issued by the Collector on 23-11-1983 followed by the various corrigendum dated 14-1-1984, 16-1-1984, 15-2-1985, 19-2-1985, 15-12-1988 and dated 1-10-1992 whereby the owners/interested persons were asked to file objections if any in respect of the acquisition of land. The interested persons appeared and expressed no objection for acquisition of land for construction of Railway Line but prayer for payment of compensation of acquired land on market rate was made. When the owners/interested persons did not raise any objection for acquisition of the land, a declaration was issued under sections 6 and 7 of the Act and notices were again issued under Sections 9 and 9a of the Land Acquisition Act on 21-6-1984 calling upon the owners/interested persons to file their objections if any in respect of compensation and measurement of the land. The intending department was also asked to file objections. The interested persons were heard who sought compensation at the rate of Rs. 80,000/- per kanal for abi land and reasonable compensation for other lands. After considering all the evidence, oral and documentary the final award was passed on 9-6-1999 whereby compensation of one kanal of culturable land was assessed @ Rs. 30,000/- and rate for unculturable land was assessed @ Rs. 20,000/- per kanal. Some of the owners received the compensation and petitioners/respondent herewith was not satisfied with the rate of compensation assessed, therefore, approached the Collector with application praying that since the compensation was not paid as per market rate as such reference be made to the Civil Court for determination of the proper, rate of land for the construction of Jammu-Udhampur railway Link line.

(3.) ON receipt of petition by the reference court, the respondent/appellant was summoned and appeared through his counsel and filed objections on 1-6-2000 in the case alleging therein that since the petitioner/respondent had not raised any objection at the time of acquisition of land and did not object to the acquisition proceedings as such reference was liable to-be rejected. It was further alleged that the land was acquired for public purposes and compensation had rightly been assessed and paid to the owners/interested persons of the land according to the prevalent rates, as such, there was no ground for enhancement of the compensation amount.