1. This appeal is directed against the award and decree dated 03.04.2002 passed by the learned District Judge, Kathua, in file no.1/L.A. Act in case entitled ˜Geeto v. Collector™, whereby respondent/petitioner has been awarded compensation for the land comprising khasra nos. 1438 & 1523 aggregating 44 kanals 10 marlas at the rate of Rs.16,000/- per kanal being cultivable land (Warhal Aval) plus Jabrana at the rate of 15% and interest at the rate of 6% per annum from the date of acquisition.

2. A chunk of land measuring 7420 kanals 04 marlas located at village Poonda, Tehsil Basohli, including the land belonging to the respondent/petitioner, Geeto Devi, measuring 45 kanals 12 marlas & 21 kanals 10 marlas containing in khasra nos. 1438 and 1523, was acquired by the Collector, Land Acquisition, Thein Project, Tehsil Basohli, District Kathua. This land was acquired at the instance of the Executive Engineer, Project Division (I.B.) RSD Ranjit singh Dam (Thein Dam), for the public purpose i.e. for the construction of Thein Dam Project. The Collector divided the acquired land into three categories namely Cultivable, Banjar and Gair Mumkin, and accordingly fixed the market value in respect of these three categories at Rs. 16,000/-, Rs.8,000/- and Rs.4,000/- respectively and issued the award on 24.09.1999. As per the assessment made by the Collector, the compensation was paid to the respondent/petitioner. The claimant being dissatisfied with the amount of compensation awarded by the Collector filed a petition under Section 18 of the Land Acquisition Act and sought a reference to the Civil Court for determination of the market value. Before the Reference Court, the claimant in her petition stated that her land should be valued at Rs.25,000/- per kanal but in any case not less than Rs.18,700/- per kanal as the market value at the time of issuance of notification under Section 6 of the Land Acquisition Act. The claimant further contended that the land belonging to her, acquired by the Collector, was cultivable (Warhal Aval) at the time of issuance of notification under Section 6 of the Land Acquisition Act but the compensation awarded is fixed by the Collector of land in the category of Gair Mumkin/Banjar Kadeem. According to the claimant, her land was entered in the Revenue Record as cultivable land on the basis of which compensation was claimed at the rate of Rs.25,000/- per kanal. The Collector, however, in the objections filed before the Reference Court had taken a plea that the compensation was assessed as per the nature of the land recorded in the Revenue Record during the year 1971. That the award has been passed as per the entry existing in the Revenue Record with regard to the nature of the land during the year 1971. Geeto Devi, claimant, was paid compensation of Rs.5,90,82,856/- including the cost of structure and trees both fruit and non-fruit bearing and 15% Jabrana.

3. The learned District Judge, Kathua, on the pleadings of the parties, framed the following issues for determination:-

1. Whether the compensation assessed by the Collector in respect of the land acquired has not been assessed as per the market value, if so, what was the market value of the land at the time of acquisition? OPP

2. Whether the application made by the petitioner before the Collector for reference is time-barred and liable to be dismissed? OPR

3. Relief.

4. The Reference Court after hearing the parties and on perusal of oral and documentary evidence on record, vide its judgment and decree/award dated 03.04.2002, held the claimant entitled to compensation of 44 kanals 10 marlas of land at the rate of Rs.16,000/- per kanal being cultivable land (Warhal Aval) reflected in the Revenue Record (Khasra Girdawari) in the year 1996, which became the subject matter of challenge in this appeal by the Collector, Land Acquisition.

5. The decree and award passed by the Reference Court has been challenged mainly on twin grounds; (i) that the land of the claimant/respo

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