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2023 Supreme(J&K) 525

RAJNESH OSWAL
Dy. Chief Engineer Construction N. R. Reasi – Appellant
Versus
Makhna Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. Vishal Sharma, DSGI.
For the Respondent: Mr. G.S. Thakur.

JUDGMENT :

1. This appeal under Section 52 of the Jammu and Kashmir Land Acquisition Act, 1990 arises out of the judgment/award dated 31.12.2013 passed by the court of learned District Judge, Rajouri (hereinafter to be referred to as the Reference Court) in file No. 123/Reference titled “Makhan Singh and others vs. Collector, Land Acquisition Northern Railway, Udhampur and another”.

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

    (a) That the Reference Court has relied upon the sale instances, which cannot be accepted as a measure to determine the market price of the acquired land as it is settled law that the value fetched for the small portion of land cannot be made basis for determining the price of large chunk of land. The Reference Court while passing the impugned award, has not considered and applied the settled principle of "Reduction and Deduction" in fixing the just and fair amount of compensation, when big chunk of land is being acquired.

(b) That the Reference Court while passing the impugned award has failed to consider the fact that the land

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