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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Md. Akram Chowdhary, J.
National Highway Authority of India – Appellant
Versus
Ali Mohammad Dar and Another – Respondent
CFA No.190/2014
Decided on : 25-8-2022
Land Acquisition - Compensation - Land Acquisition Act, Sections 4, 6, 7, 9, 9A - The court discussed the acquisition of land for construction of a National Highway, the assessment of compensation, and the reference made to the District Court for determination of market value. The court determined the compensation payable to the landowner for the acquired property and amenities. The appellant, National Highway Authority of India, challenged the judgment on various grounds, including the reliance on oral evidence, lack of documentary proof, and the absence of provision for certain compensation. The court heard arguments from both parties and upheld the impugned order, dismissing the appeal.
Fact of the Case:
The National Highway Authority of India initiated land acquisition proceedings for the construction of a National Highway. The landowner, dissatisfied with the compensation awarded, requested a reference to the District Court for determination of the market value of the acquired property. The Reference Court determined the compensation payable to the landowner for the acquired property and amenities. The appellant challenged the judgment, citing various grounds including lack of documentary proof and absence of provision for certain compensation.
Finding of the Court:
The court found that the appellant's challenge to the judgment was not maintainable, as the appellant had not sought leave of the court to file the appeal, as required by the Land Acquisition Act. The court also upheld the impugned order, dismissing the appeal.
Issues: The issues framed by the Reference court included the determination of compensation for the acquired land and amenities, the absence of provision for certain compensation, and the reliance on oral evidence without documentary proof.
Ratio Decidendi: The court held that the appellant's appeal was not maintainable as the appellant had not sought leave of the court to file the appeal, as required by the Land Acquisition Act. The court also upheld the impugned order, dismissing the appeal.
Final Decision: The court upheld the impugned order, dismissing the appeal, and found that the appellant's challenge to the judgment was not maintainable, as the appellant had not sought leave of the court to file the appeal, as required by the Land Acquisition Act.
JUDGMENT :
National Highway Authority of India (hereinafter called ‘appellant’) vide its communication No. PD/JMU/2294 dated 28.12.2005 indented for acquisition of land for construction/4-lanning of National Highway (construction of bye pass) at village Sangam Tehsil Bijbehara, to the Collector Land Acquisition Anantnag.
2. The Collector (Addl. Deputy Commissioner) Anantnag, after initiating the land acquisition proceedings in terms of Sections 4, 6, 7, 9 and 9A of the Land Acquisition Act, acquired the land measuring 139 kanals, 02 marlas and 02 sirsai within the alignment situated at village Sangam Tehsil Bijbehara District Anantnag and on the basis of location of the land, its agricultural utility, rates of compensation paid in the vicinity and the report furnished by local Tehsildar, the compensation to the land owners was assessed @ Rs.8.50 lac per kanal along-with the solatium @ 15% over and above the amount of compensation, after approval from the Divisional Commissioner Kashmir Srinagar vide his No. Div.Com/LAS-Acq/1262/2201 dated 14.05.2012. However, final award left structures and trees on this land, to be compensated.
3. The land measuring 06 kanals 02 marlas situated at Sangam Bijbehara owned by one Ali Mohammad Dar (hereinafter called ‘respondent No.1’) comprised the afore-stated acquired land but he on not being satisfied with the compensation awarded, moved an application to the Collector to make Reference under Section 18 of the Land Acquisition Act to the District Court Anantnag for determination of the market value of the property of respondent No.1 acquired by the Collector.
4. In the application, it was claimed that the Collector had not assessed the compensation of the land and the Passenger Wayside Amenities raised by respondent No.1 known by the name of ‘Shan-e-Kashmir properly; that he had not been awarded compensation for reconstruction of ‘Passenger Wayside Amenities; that his land was at the advantageous place abutting National Highway and was being used for commercial purposes and its potential was high as compared to other lands; that the market value at the time of acquisition was Rs.1.50 lac per marla; that the land had longer frontage of 150 meters, and with the acquisition of the land entire business of respondent No.1 had come to standstill in absence of rehabilitation package and cost of re-construction as per the assessment made by R&B Department and Indian Oil Corporation; that the High Level Committee constituted by the Government headed by Divisional Commissioner, had resolved that shifting of Petrol Pump, Tankers / wells can be decided after joint inspection of Beacon Authorities and Collector on spot, who visited on spot and it was decided that the Petrol Pump holders will bring assessment from concerned Oil Companies within one month so that the Collector will make payment accordingly.
5. Respondent No.1 demanded payment of 80% of the amount to be released in his favour, which he was ready to accept under protest and prayed for Reference to be made.
6. The Collectorate vide No. 303/LA-Ang dated 06.06.2013 conceded the land owner’s request and referred the matter to the court of learned Principal District Judge Anantnag (hereinafter called ‘Reference court’), in terms of Section 18 of the Land Acquisition Act for determination of the market value of the acquired property of the applicant.
7. The Reference court, on the basis of rival pleadings of the parties land owner, indenting authority and Collectorate, framed the following issues:-
2. Whether the petitioner was not paid compensation of the land measuring 6 kanals 2 marla
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