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2006 Supreme(J&K) 181

MANSOOR AHMAD MIR
Collector – Appellant
Versus
Frena Boga – Respondent


Advocates Appeared:
Advocate For Appellant: N.H. Shah
Advocate For Respondent: M.A. Qayoom

1. This appeal is directed against the judgment and decree (Award) dated 29th June, 2000 passed by Principal District Judge, Srinagar, in case titled Mrs. Frena Boga vs. General Manager Industries Centre, Srinagar, hereinafter referred to as impugned award, whereby and whereunder the compensation awarded at Rs.6500/per kanal came to be enhanced to Rs.15000/- per kanal.

2. It is necessary to give a flask back of the case, the womb of which has given birth to the present appeal.

It appears that land measuring 535 kanals & 2 marlas came to be acquired for establishment of industrial complex at Khonmoh. Collector passed award dated 16th November, 1979 whereby Rs.6500/- came to be awarded as compensation per kanal.

It appears that Collector made reference to the District Court on 21st August, 1996 which came to be diarized as reference No.8 of 16th October, 1996. After hearing the parties, the impugned award came to be passed.

It appears that respondent claimant had prayed for awarding Rs.15000/- as compensation per kanal instead of Rs.6500/-. Collector resisted the said reference and following issues were framed.

"1. Whether the petitioners have not been paid compensation according to the m




























































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