FIRDOUS AHMAD Vs. STATE

JUDGEMENT

(1.) THE appellants herein impugn judgment/decree passed by Pr. District Judge, Pulwama on 26.6.2003 on a reference under section 18 of Land Acquisition Act where under he raised per kanal compensation from Rs. 1.75 lacs to Rs. 2.00 lacs with 15% solatium and 6% interest per annum from date of award till final payment.

(2.) MAIN ground projected against impugned order is that during reference proceedings appellants had led evidence to show that lands adjacent to acquired land had been sold at around Rs. 4.50 lacs per kanal at relevant point of time which was over looked by learned Judge below ignoring the facts and law attracted in this case. During course of submissions while appellants counsel has quoted from certain portions of evidence led in the matter and the impugned judgment to canvass his claim for enhancement in the compensation as fixed by learned District Judge in reference, learned Government counsel has contended that in given circumstances of the case the compensation fixed by learned District Judge was in keeping with market value of the acquired land.

(3.) I have heard learned counsel and considered the matter. It appears that Collector Land Acquisition, Pulwama acquired two kanals of land under survey No. 537/min in village Gangoo from applicants for construction of Fisheries Development Complex and awarded compensation @ Rs. 1.75 lacs per kanal plus 15% Solatium which as per his award had been fixed in keeping with the rates paid for adjacent land acquired by Agricultural Department. Feeling aggrieved of the award appellants challenged it and sought a reference to District Jude where they claimed enhancement to the tune of Rs. 4.50 lacs per kanal. The respondent/department did not express any grievance against Collectors award for that matter the District Judges order on reference. It appears that after framing an issue as to whether compensation assessed by Collector reflected the market value prevalent in concerned locality, learned District Judge asked appellants/claimants to adduce evidence who produced as many as five witnesses besides supporting their own case. They also produced deeds to witness sale of land in the area under reference at Rs. 4.50 lacs per kanal which has not been rebutted by any evidence whatever by official side. In addition thereto the land under reference admittedly acquired in 2000 is almost contaguous to the main township of Pulwama, the District Headquarter just at the main road site. This too has not been denied by any side, that the future potential of land under reference should have been assumed at the time of its acquisition because of its vicinity to the District Headquarter.