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1998 Supreme(J&K) 364

O.P.SHARMA
Lal Chand – Appellant
Versus
Collector Land Acquisition – Respondent


Advocates Appeared:
Advocate For Appellant: R.S. Thakur
Advocate For Respondent: B.S. Salathia
Advocate For Respondent: Amrish Kapoor

(ORAL)

1. The only question of law involved in this case is whether a person who has been conferred proprietary right u/s of the Agrarian Reforms Act, 1976 is entitled to full compensation under the Land Acquisition Act like any other owner. The issue has arisen because the land of the petitioners has been acquired under the Land Acquisition Act for constructing railway line from Jammu to Udhampur. All of them have admittedly been granted ownership right u/s 8 of the Land Acquisition Act. However, the Collector, Land Acquisition has held them entitled to only 1/ 3rd of the amount of compensation assessed for their land. They have moved this petition for quashing of compensation to 1/3rd of the total amount assessed.

2. The stand of the respondent-State is (hat the petitioners should have approached the District Judge u/s 18 of the Land Acquisition Act who alone could determine their rights. Alternatively it is pleaded that the petitioners being allottees of the land are limited owners and therefore, full compensation is not payable to them.

3. It appears the petitioners had approached the Divisional Commissioner, Jammu who vide his letter dated 6.8.91 addressed to the Financial Com
















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