COLLECTOR W AND P LAND ACQUISITION Vs. ASHMI

JUDGEMENT

(1.) The Collector Land Acquisition (W & P) Srinagar or requisition of indenting department. Civil Investigation Department Kangan (PDD), acquired land measuring 47 kanals and 3 marlas, under Khasra numbers 510, 511, 1315/512, 1316/ 512, 513 and 1399/507 Min. situated at Mouza Kangan of Tehsil Kangan District Srinagar, for construction of housing colony of Upper Sindh Hydle Project Stage II Kangan. The Collector after following the prescribed procedure and due process of law, passed the award on 30.3.1989. The compensation was awarded at the rate of Rs. 5,000/- per kanal for the acquired land, except Gairmumkin Darva, which was valued at Rs. 500/- per kanal and the compensation for trees was left to be determined separately. The persons interested, unsatisfied with the award, filed application before the Collector and the Collector made reference under Section 18 of Land Acquisition Act alongwith statement in terms of Section 19 of Land Acquisition Act to District Judge Srinagar. The learned District Judge on enquiry awarded compensation @ Rs. 14,000 per kanal with 15% jabirana and interest @ 6% per annum for the reasons given in the Court judgment dated 19.7.1989.

(2.) The Collector land acquisition PDD and MHP Kangan, has challenged the said judgment and award of the District Judge, before this Court.

(3.) It would be worthwhile to take note of a few more facts necessary for purposes of adjudication of this appeal. Notification in terms of Section 4 of the Land Acquisition Act, was issued under No. 1711-18/LA.ACon 17.9.1979, followed by another required notification under Section 6 under No. Rev (LAK) 171/79 dated : 18.12.1979, in terms directing the Collector to take order for acquisition under Section 7 of Land Acquisition Act. Notice under Section 9 and 9-A was issued on 7.1.1980. Collector gave the award on 30.3.1989. Reference was made to District Court Srinagar under Section 18 on 21.1.1982, diarised by the District Court on 2.2.1982.