A.M.MIR, A.K.GOEL
J&K Through Secretary To Govt. – Appellant
Versus
Sunil Choudhary – Respondent
1. By virtue of this Letters Patent Appeal, the judgment passed by a learned Single Bench of this Court on 10.3.1998, in OWP No. 1040/96 has been challenged. In the impugned judgment, the learned Single Bench has allowed the writ petition of the respondents.
BRIEF FACTS:
2. Central P. W.D. indented for acquisition of land for construction of a bridge over the Ballol Nallah. The concerned Collector, Assistant Commissioner ® Jammu got the revenue papers of the land proposed to be acquired, prepared and attested by both Tehsildar and Tehsildar Settlement Jammu Notifications under sections 4, 6, 7, 9 & 9-A of the J&K Land Acquisition Act, (hereinafter called the Act), were duly issued. The Committee appointed for fixation of rate recommended compensation @ 1.50 lac per kanal. An Award (described as Draft Award) was passed on 20.6.1994, whereunder the compensation was fixed at the rate of one lac per kanal. Reference of this Award in terms of section 11(2) of the Act, for approval of the rates proposed, was made to the relevant authority.
3. Possession of the land, however, was taken-over in 1989 itself, much before passing of the award. The construction of bridge was start
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