COLLECTOR Vs. BANSI LAL

JUDGEMENT

(1.) LAND measuring 629 kanal and 2 marlas, comprised in different survey numbers situate at village Roun Tehsil Udhampur was required for construction of Udhampur Rail link. The number of owners, whose land was acquired, was 36. Notification under Section 4(1) of the Land Acquisition Act (for short "the Act" hereafter) was issued on 31.03.1986, to which a corrigendum was issued on 31.09.1988. Notification under Section 6 and 7 of the Act was issued on 03.04.1989 followed by a corrigendum dated 10.11.1989. An award came to be passed by the Collector on 16.07.1994. The Collector, while assessing the compensation payable, had classified the land into different categories as per its location. The land adjoining the National High Way was categorized as "A" and others as "B" and "C", depending on their position hinter to this road. After having classified the land as such, the following compensation was awarded: -

(2.) THE compensation awarded did not satisfy the owners. A reference under Section 18 of the Act was made to the District Judge Udhampur. After hearing the parties, the Court enhanced the compensation to Rs. 40,000/ - per kanal for all the categories of the land irrespective of their location and quality. Feeling aggrieved, the appellant has filed the present appeal.

(3.) THE award has been challenged on the following grounds: -