Hasnain Massodi, J.

1. Civil First Appeal on hand is directed against judgment dated 15th December, 2005 of Learned Principal District Judge, Baramulla, in arbitration petition titled Zamindars of Ushkara & Ors. v. Collector. Before dilating on the grounds urged in the appeal, it would be appropriate to have an overview of background facts.

2. Union of India-appellant herein, way back in 1947, occupied an area of land measuring 1477 Kanals and 11/2 Marias, comprising 64 properties, at Ushkura, Khawajabagh, Khanpora and Gutyar, Baramulla, for use of Armed Forces. Sometime after the land was taken over, it was decided to requisition land under the Jammu & Kashmir Requisition and Acquisition of Immovable Property Act, 1968, (RAIP Act, 1968), for defence purposes. The appellant thereafter decided to acquire the land under Jammu & Kashmir Land Acquisition Act. Accordingly 128 Kanals & 9 Marias of land, comprising of 19 properties, were acquired in 1999/2000 and compensation at the rate of Rs. 2 Lakhs per kanal and Rs. 1.65 Lakhs per kanal with 15% solatium was ordered to be paid to estate holder. Rest of the land i.e. 1348 Kanals 121/2 Marias, comprising of 45 properties, though