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2018 Supreme(J&K) 116

Rachna Devi – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Appellant :Mr S.C. Mansotra, Advocate.
For the Respondents: Mr H.A. Siddiqui, Sr. AAG

JUDGMENT :

BADAR DURREZ AHMED, J.

1. This appeal has been filed in respect of the judgment dated 18.04.2017, delivered by a learned Single Judge of this Court in OWP No.572/2016 whereby the appellant’s writ petition was allowed by directing the respondents to pay a sum of rupees three lakhs with 6% interest from the date of filing of the petition till its final realization.

2. The appeal has been filed seeking enhancement of the compensation awarded in modification of the said judgment to the extent that, according to the appellant, the just compensation would be in the range of Rs 10-11 lacs and the rate of interest awarded would also be between 7% to 9%. Strong reliance has been placed by the learned counsel for the appellant on the decision of a Division Bench of this Court in the case of Joginder Singh v. State of J&K and others : AIR 2011 J&K 130.We shall refer to the said decision at a later stage in this judgment.

3. Before we do that, it would be necessary to set out the factual background of the case. On 25.05.2001 when the appellant, who was 17 years of age at that time











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