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2006 Supreme(J&K) 101

J.P.SINGH
Collector Land Acquisition Thein Dam Project, Basoli – Appellant
Versus
Sunit Sharma – Respondent


Advocates Appeared:
Advocate For Appellant: A.H. Qazi
Advocate For Respondent: D.R. Khajuria

1. Aggrieved by award dated 18.02.1999 of learned District Judge, Kathua, on a reference under Section 18 of the State Land Acquisition Act, 1990, awarding compensation for seven kanals under survey No.1386 at the rate of Rupees sixteen thousand per kanal and for two kanals and eleven marlas (2 K 11 M) at the rate of Rupees eight thousand per kanal alongwith solatium at the rate of 15 % and interest at the rate of 6% per annum, Collector Land Acquisition, Thein Dam Project, Basoli, has filed this appeal questioning the finding of the District Judge awarding enhanced compensation to the respondent.

2. During the pendency of this appeal, appellants counsel pointed out that respondent, Amrit Paul, had passed away in 1997 and award made by the learned District Judge without impleading legal representatives of the deceased respondent as respondents in the proceedings, stood vitiated.

3. Sh. Qazi, learned counsel for the appellant, submits that the award made by the learned District Judge, on reference under Section 18 of the State Land Acquisition Act, 1990 (hereinafter referred to as the Land Acquisition Act), was nullity in law because the same had been passed in favour of a dead person



































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