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VINOD CHATTERJI KOUL
Director Urban Local Bodies Kashmir, SGR – Appellant
Versus
Showkat Ahmad – Respondent
JUDGMENT :
1. This appeal is directed against the judgment and decree dated 20.06.2016 passed by the Principal District Judge, Anantnag (for short “Reference Court”) in a reference under Section 18 of Land Acquisition Act (for short “Act”).
2. I have heard learned counsel for the parties. I have gone through the impugned judgment as also trial court record and considered the matter.
3. Perusal of the file reveals that the department of Urban Local Bodies in the year 2004 placed a formal indent for acquisition of land measuring 04 Kanals and 16 Marlas and 04 Sirsai under Survey Nos.504, 505, 506 at village Kasba Dooru, Anantnag, before the Collector Land Acquisition, Anantnag, who has notified the same under Section 4 of the Act. The case was recommended for issuance of declaration and accordingly notices under Section 9 and 9-A of the Act was issued on 19.11.2005 for seeking objections from the interested persons. The Collector passed the Final Award on 22.02.2007. The compensation was fixed to the tune of Rs.26,56,418/- for the land acquired for the public purposes i.e. Rs.18,750/- per Marla. The Appellant-Department deposited the whole amount with the Collector Land Acquisition for
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.
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 court considered the similarity with a previous case to determine entitlement to compensation and escalation rate, modifying the Reference Court's decision
The determination of compensation for acquired land under the Land Acquisition Act requires concrete evidence of market value and does not admit hearsay.
Point of Law : Land Acquisition and Requisition – Acquisition of land - Assessment of compensation - An assessment of the compensation payable for land acquired must take into account several factors....
While determining market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is relevant consideration.
Land Acquisition - Ex-parte proceedings - it is not possible to fix compensation with exactitude or arithmetic accuracy. Depending on the facts and circumstances of the case, the court may have to ta....
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