The Collector is estopped from challenging his own award, which has been approved by the Revenue Minister.

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 came to be heard by the Additional District Judge, Srinagar, the Collector in his objections challenged his own award by submitting that the total area of land was 12 kanals and 3 marlas including 5 kanals and 10 marlas of land which was Shamilat (Mahfooz Kahcharia). The petitioner could not claim compensation for the category of the land described as (Mahfooz Kahcharia Shamilat Deh). He also disputed the claim of the petitioner to get enhanced rate of compensation in respect of the other lands. The following issues were framed in the case:

1. Whether the reference was time barred? OPD

2. Whether compensation for the entire area was not payable to the petitioner? OPD

3. What is the market value of the land? OPP

4. Whether compensation for fruit bearing trees has not been paid and what should be the amount for that purpose? OPP

5. How much of interest can be claimed by the petitioner? OPP

6. Whether the Custodian was entitled to compensation if so, to what extent? OPD

7. To what relief the petitioner is entitled? OPP

3. On appraisal of the evidence which the parties adduced before him, and after hearing the arguments in the case, the Addl. District Judge, decided Issue No. 1 against the appellant and held that the reference was within time. In so far as the other issues were concerned, the parties examined Sharif Din Naib Tehsildar, Niranjan Nath Patwari, Maharaj Krishen Jalali, Assistant Enggr, Dr. Abdul Qayoom, Superintendent Enginner, Ummar Jan Collector, Ghulam Rasool Baba Custodian, Abdul Gani Malik Director Horticulture, Syed Maqbool Executive Engineer, Radha Krishen Patwari, and Ali Mohammad Buch. The learned Judge repelled the contention of the Collector that the petitioner was not entitled to claim compensation in respect of 5 kanals and 10 marlas of land described as (Mahfooz Kahcharia Shamilat Deh). As regards the value of the land the learned judge found that the rate per kanal as assessed by the Collector was not correct. In the opinion of the learned Judge the fair market value was Rs. 10,000/- per kanal. He, however, did not accede to the request of the petitioner to seek separate compensation in respect of fruit bearing trees. On the issue as to from which date the petitioner respondent was entitled to claim interest. The trial court held that interest can be claimed from the date of taking over possession of that land and not from the subsequent date when the notification under section 6 of the Act was issued. He, therefore, allowed interest from the date of taking over possession at the rate of 6½% per annum. On the question as to whether the Custodian was entitled to compensation and to what extent, the learned Judge observed that a portion of land which belonged to Maulvi Mohd Yakub, who was an evacuee had vested in the Custodian and Mr. Sh