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2021 Supreme(J&K) 44

VINOD CHATTERJI KOUL
Union of India – Appellant
Versus
Villagers of Hamray – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. A. Naik, Advocate
For the Respondent:Ms. Nusrat Razak, Advocate

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 a

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