Point of Law: Land Acquisition - Ex-parte proceedings - it is not possible to fix compensation with exactitude or arithmetic accuracy. Depending on the facts and circumstances of the case, the court may have to take recourse to some guesswork while determining the fair market value of the land and the consequential amount of compensation that is required to be paid to the persons interested in the acquired land.

ORDER :

1. Appellant Union of India has assailed the judgement passed by the court of Addl. District Judge, Baramulla in Reference filed under section 18 of Land Acquisition Act (for short “Act”), whereby following directions were passed:

“1. That the respondents shall pay compensation to the petitioners from whom the land has been acquired at the rate of Rs. 2.50 lakhs per kanal plus jabirana @ 15% together with simple interest @ 7% per annum on the enhanced amount of Rs. 89,000/- per kanal from the date of possession of the acquired land.

2. The 80 percent of the compensation which has been admitted by the petitioners to have been received by them in protest shall be deducted from the compensation allowed to them in the under noted reference.”

2. The said judgment has been assailed on the ground that the appellant was not given proper opportunity of hearing and without deciding the application filed by the appellant for setting aside the ex-parte proceedings, the Trial court passed the judgement impugned, and that the judgement impugned has been passed in a casual manner without appreciating the controversy, resulting in loss of public exchequer by giving exorbitant rates.

3. It is also stated in the Appeal that the Trial court has relied upon the Sale deeds as only modes for determination of the market value of the land in question, notwithstanding the fact that this issue was already decided by the Collector after appreciating the market value of entire land and after generalizing in question in keeping with the market value of the land for preceding three years and also taken into consideration the scope and utility of the land.

4. It is further submitted in the Appeal that the Trial court has also ignored principle of law that value fetched for small portion of land cannot be applied to land covering large extent/bulk area. The price of small chunk of land cannot be determined on the basis of price of small piece of land. In short, the grievance of the appellant is that the Trial court has not properly taken into account the market value while determining the compensation/ Award of the claimants while deciding the Reference in question.

5. I have heard learned counsel for the parties and perused the record on file.

6. On the indent of Indian Railways for acquisition of land in District Baramulla along with land situated in village Hamray, Tehsil Pattan, District, Baramulla, for construction of Railway Station, proceedings for acquiring the land were initiated by the Collector Acquisition, Baramulla under Jammu and Kashmir Land Acquisition Act. Notification No. Coll/QB/RL/10/120-141, dated 26.03.2002 under Section 4(1) of the Act was issued by the Collector Land Acquisition, followed by corrigendum/modification dated 22.05.2002 which was published in Daily Srinagar Times on 22.05.2002, whereby, objections were invited in terms of the Act. No one from the village nor interested persons filed objections before the Competent authority and the case was, accordingly, recommended for acquisition of the land to the Government for issuance of declaration under Section 6&7 of the Act.

7. Since there was urgent requirement of the land to be utilized for the public purpose for its Railway project in J&K, as such proceedings under Section 17 of the Act were initiated, which included taking over the possession of land before passing final Award, after making payment of tentative 80% of the land compensation amount.

8. The Notification under Section 9 and 9(A) of the Act was issued to the land owners/interested parties vide notification No. Coll/QB/RL/10-1929-33, dated 09.08.2002, which was given wide publication through local newspapers and was also served upon the land owners/interested parties, but no one choose to file objections.

9. As per procedure the stakeholders appears to have been summoned by the Collector, Land Acquisition, Qazigund-Baramulla Rail Project. After above notice “Khasra Paimaish” was read over to the land owners/interest