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2023 Supreme(J&K) 184

RAJNESH OSWAL
Director Urban Local Bodies – Appellant
Versus
Hans Raj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S. S. Nanda, Sr. AAG
For the Respondent: Mr. Vivek Sharma, Adv, Mr. N. A. Choudhary, adv

JUDGMENT :

1. This appeal filed under section 52 of the Jammu and Kashmir Land Acquisition Act, 1990 (for short ‘the Act’) arises out of the judgment/award dated 31.03.2016 passed by the court of learned Principal District Judge, Bhadarwah (hereinafter to be referred as ‘the reference court’) in reference, titled, “Hans Raj and others vs Collector, Bhaderwah and Anr” bearing file No. 10/Reference, whereby the learned Reference Court has enhanced the compensation payable by the appellants to the respondents/owners for the land acquired by the appellants.

2. The award has been impugned by the appellants on the following grounds:

    a) That without there being any cogent evidence on record, the learned reference court has enhanced the compensation for the land acquired by the appellants, only on the basis of the sole witness, namely, Mohd. Ibrahim, examined by the respondents.

b) That the market rate of the small piece of land cannot be taken into consideration for determining the market rate for big chunk of land.

3. Mr. S. S. Nanda, learned Sr. AAG appearing for the appellants argued t

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