COLLECTOR (ASSISTANT COMMISSIONER) LAND ACQUISITION Vs. SANSAR CHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 18.4.1990 passed by learned District Judge, Jammu, in land reference case No. 32/Arb. By means of the impugned judgment compensation as awarded by the Collector, Land Acquisition has been enhanced from Rs. 2000/ - per kanal to uniform rate of Rs. 10,000/ - per kanal, besides solatium and interest under the provisions of Jammu and Kashmir Land Acquisition Act, 1990 (1934 AD) (hereinafter referred to as Ëœthe Act).

(2.) FACTS which are not in dispute are that Notification under section 4 of the Act was issued on 10.12.1982 and proceedings under section 6 of the Act are dated 25.2.1983, award was passed by the Collector (Assistant Commissioner) Land Acquisition, Jammu, on 26.4.1983, which is EX. RWCL.

(3.) LEARNED counsel appearing for the parties were further not at variance that the possession of the land under acquisition was taken on 8.9.1983. Land is comprised under khasra no. 820 measuring 14 kanals 17 marlas situate at village Jhajar Kotli, Tehsil and District Jammu. Its original owner was Sh. Dessu and the public purpose for which the land was acquired alongwith khasra no. 816 was for setting up a Mulbery Nursery by the Sericulture Development Department of the State. Operative portion of the award dt. 26.4.1983 is to the following effect: