Judgment

1. Collector land Acquisition Anantnag-(respondents No. 6 In CFA No. 106/2016 and respondent No. 1 in CFA No. 185/2016) submitted a communication to the District Judge, Anantnag vide No. 901-03/LA, dated 30.03.2002 stating therein land measuring 65 kanals and 5 marlas situated at Tehsil Kulgam has been acquired for the public purpose namely married accommodation of Army. . Final award of the land was set forth to have been issued by the Collector on 7th April 1999. The interested persons namely Ab. Ahad, Ab. Salam, Mohammad Yousuf sons and Mst,. Jani W/o Mohammad Shaban and Mst. Raja W/o Mohammad Yousuf Kutto R/o Harnag have been stated to be have filed an application on 10th May 1999 for referring the case to the Civil Court for determination of the compensation. The communication as such was sent in terms of Section 18 of the Land Acquisition Act (for short the Act) for further necessary action. In the said application moved by the claimants/land owners some of the points set forth for making a reference to the District court were stated as:

“Acquisition of land was in process in the village Khan, pahari Tehsil Kulgam District Anantnag. Land measuring 67.02 kanals under Survey No.s 1182, 1184, 1185, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1239, 1240, 1241, 1242 and 1247 also wazs notified for acquisition”

Process of acquisition is in progress but the final award has not been conveyed to the applicant so far.

The applicant has been given to understand that the proceedings have ben finalized and compensation has been decided at a very low rate; that the market value of the land in question.

Since the award has not been conveyed to the applicants under rules; the rights of the applicants are likely to the adversely affected.

It is pointed out here that the land in question is situated at commercial sites and values about 07 lacs of rupees per kanal. Determination of price in the award is therefore erroneous and it tells about the genuine rights of the land owners.

This land has been occupied by the Indian Army in the year 1979 and continues in their possession since then

No rent has been paid for the intervening period. If the award is deemed to halts that years, the applicants are entitled to interest on t her amount @ 18% per annum of compensation and in alternative therein for all these years.

Land acquired had about three hundred trees planted of the willow trees planted of the willow bran and apricot is still standing in it.

Trees also are of value and have not been compensated so far applicants are entitled to the price of the same.

It is requested to kindly make a reference in terms of Section 18 of J&K Land Acquisition Act 1990 (1034 AD) Part III of the Act for determination of price of land and fixation of compensation in favour of the application.

The applicants have been deprived of the genuine use of the land since long and suffer for payment of compensation.

It is requested that the compensation already fixed by the collector be paid to the applicants owners under protest and subject to final adjudication of that matter by the civil court.”

2. On receipt of reference, the parties were put to notice and asked to file their response/objections which have been accordingly filed on 18.11.2013 wherein it is being stated that the land referred in the application has been acquired for public purpose. Particulars of the dates on which the notification/declaration under Section 4, 6, 7 were issued have been given therein besides placing on record documents (original sale deed and two attested copies of sale deeds). After framing of the issues and recording of evidence, the learned district judge passed an award on 8th May 2006 whereby the amount of compensation fixed by the Collector was enhanced with the rate as indicated in the said award

3. Same was challenged by filing C