LAWS(J&K)-1988-10-6

STATE Vs. S MOHD AKRAM

Decided On October 05, 1988
STATE Appellant
V/S
S Mohd Akram Respondents

JUDGEMENT

(1.) THIS civil appeal in terms of section 52 of the Land Acquisition Act (here -in -after referred to as the Act) is directed against the judgment and decree dated 20 -5 -1986, passed by the learned District Judge, Budgam, awarding compensation ,to the respondent at the rate of Rs, 30,000/ - Per kanal together with jabirana at 15% and interest at 4% P. A. in respect of the land acquired from him by the Government for construction of National Highway By -pass.

(2.) BRIEFLY stated, the appeal has arisen in the following circumstances of the case The Government had to construct a By -pass for the National Highway which is passing through the villages of Rawalpora, Bagat Barzulla and Hyderpora of Tehsil Budgam, Several parcels of land of these villages were required for the same, including 5 kanals and 18 Marlas of the respondents land, situated at Rawalpora, which was in the shape of an orchard. The Government acquired the same under the provisions of the Act and awarded Rs, 1,13,975,05 to the respondent inclusive of jabirana at the rate of 15% and interest at the rate of 4% from the date of dispossession till final payment. The said amount was received by him under protest. The rate granted was Rs. 17500/ - per Kanal for Bagi -Khushki and Rs. 5,000/ - per Kanal for "geirmumkin bhutto". The respondent was not satisfied with the award in so far as it related to the quantum of compensation and the rate fixed by the Collector concerned. He filed an application u/s 18 of the Act before the Collector alleging therein that the rate of compensation awarded to him was grossly inadequate and was not according to the prevalent market rate which was more than Rs. 30,000 - per kanal. According to him, his parcel of land acquired by the Government was situite at an ideal site in the Rawalpora Housing Colony which has assumed great importance for residential and commercial purposes It was contended by him that during the year 1976 -78 several willing purchasers offered to purchase the land from him at the rate of Rs 30,000/ - per kanal which he had declined. He submitted that his land had 30 to 40 years old fruit bearing trees over it and the Collector had not taken it into consideration while fixing the rate of compensation. It is contended that he had brought it to the notice of the Collector in his objections filed by him in response to notice issued u/s 9 of the Act.

(3.) CONSEQUENTLY , the Collector made a reference to the learned District Judge, Budgam and also consented the same at its trial. In his objections, the Collector stated that the amount of compensation was not only just and reasonable but also in * accordance with the prevalent market rate at the relevant time. According to him, he had taken all the available material into consideration, particularly, some sale deeds while fixing the rate of compensation. It was contended by him that the existence of fruit bearing trees was also kept in view and its compensation paid to him.