IMPORTANT POINT : A Body Corporate cannot file appeal without seeking leave of court.

JUDGMENT :

1. 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: –

“1. Whether the land measuring 6 kanals 2 marlas under survey Nos. 271, 272 and 273 situated at Sangam Bijbehara alongwith project known as Shani Kashmir including passenger oriented way side amenities and the filling station falling under the aforesaid survey Nos. was acquired by the Collector Land Acquisition, Anantnag for constructio