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RAJNESH OSWAL
Choudhary Mohd. Khan – Appellant
Versus
Collector Land Acquisition, Jammu – Respondent
JUDGMENT :
1. The Collector, Land Acquisition, Jammu, Assistant Commissioner, (R) (for short ‘the Collector’) vide award dated 26.07.2004 determined the market rate of the land at the rate of Rs. 25,000/- per kanal, for acquisition of 45 kanals and 5 marlas of the land of the predecessor-in-interest of the appellant. The predecessor-in-interest of the appellant was not satisfied with the award and as such, he filed an application for making reference in terms of section 18 of the Land Acquisition Act. The prayer of the predecessor-in-interest of the appellant was acceded to by the Collector and reference was made before the Principal District Judge, Jammu which was subsequently transferred to the court of 2nd Additional District Judge, Jammu (hereinafter to be referred as ‘the reference court’).
2. The reference court framed the following issues:
(2) whether the reference is time barred? (OPR)
(3) Relief. (OP Parties).”
3. The predeces
The determination of compensation for acquired land under the Land Acquisition Act requires concrete evidence of market value and does not admit hearsay.
Non-impleadment of a party in land acquisition proceedings does not invalidate the determination of compensation, provided the party can still appeal and present evidence.
The compensation awarded for land acquisition must take into account the market value of the land, its commercial utility, and the factors stipulated in Section 23 of the Land Acquisition Act.
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