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2004 Supreme(J&K) 14

S.N.JHA, V.K.JHANJI
Parvesh Kumari – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: R.P Sangra
Advocate For Respondent: S.S. Nanda
Advocate For Respondent: A.H. Qazi

Per : S.N. Jha, Chief Justice (Oral)

The above two cases have been heard together and disposed of by this common Judgment as they relate to the same dispute. LPA(C ) NO. 57/1999 arises from an order of learned Single Judge of this Court by which CIMA NO: 229/1999 preferred by the appellants against the award of theDistrict Judge-cum-Arbitrator, Jammu, dated 14-08-1999,was dismissed. CIMA NO. 160/2000 arises from the said award of the District Judge-cum-Arbitrator Jammu.

2. Short facts of the case are that 19 Kanals of land comprising Khasra No. 200/155 situate at Chak Manga Rakhwal Samba, District Jammu was acquired for the Army under the provision of Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act. 1968 (in short the Act). The Deputy Commissioner, Jammu, exercising the powers of Collector under the Act, after considering thereport of the Tehsildar, Samba assessed the compensation @ Rs. 22,000/- per kanal. Not satisfied, the owners of the land, who are appellants in LPA(C ) NO. 57/1999 (hereinafter referred to as Claimants), filed application for appointment of an arbitrator in terms of Section 8(1)(b) of the Act. The District Judge, Jammu exercising the po






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