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1978 Supreme(J&K) 42

A.S.ANAND, MIAN JALAL-UD-DIN
State Of J. &K. – Appellant
Versus
Hamida Begum – Respondent


Advocates Appeared:
Advocate For Appellant: H.S. Oberoi
Advocate For Respondent: S.T. Hussain
Advocate For Respondent: A.K. Malik

Per Chief Justice.

1. This appeal is directed against the judgment and decree of the Additional District Judge Srinagar dated 17-9-1975, passed by him in a reference made by the Collector in the course of land acquisition proceedings.

2. Briefly put the facts of the case are: Land measuring 12 kanals and 3 marlas situate in Barzulla was occupied by Hydraulic Division in the year 1960 pursuant to the scheme of raising of the bund for protecting the locality of Bhagat Barzulla from flood waters. Nine years after the possession of the land was taken the Government issued a notification on 2-4-1969 for regularising its possession by acquiring the said land. After issuing the relevant notification, under the Land Acquisition Act, the Collector vide his order dated 4-2-1970 made the award. After obtaining the approval of the Revenue Minister he announced the award fixing compensation at Rs. 5192/- per kanal. Mst. Hamida Begum respondent No. 1 felt dis-satisfied with the award. She, therefore, sought reference under section 18 of the Act on the ground that the market value per kanal of land in the locality was Rs. 17,000/- as against Rs. 5192/- assessed by the Collector. The reference cam























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