The court ruled that compensation for land acquisition must be based on thorough assessment and expert opinions, rejecting arbitrary enhancements by lower courts.

JUDGMENT :

1. The instant appeal is directed against the judgment/decree dated 23.01.2018 passed by Principal District Judge, Pulwama (hereinafter ‘Reference Court’ for short) in a Land Acquisition Reference U/S 18 of the Land Acquisition Act against the Final Award dated 23.07.2004 passed by the Collector Northern Railways ( ADC) Pulwama, in acquisition proceedings in terms of State Land Acquisition Act, for acquisition of land for Railway track in village Nihama of District Pulwama.

2. The impugned judgment has been assailed on the grounds; that the judgment is legally untenable and erroneous insofar as the trial court has not appreciated the objections, pleadings and the evidence in its right perspective by coming to the conclusion that the respondents are entitled to compensation of Rs. 37,48,000/- inclusive of Rs. 21.00 lacs received by the respondents under protest with 15% Jabirana alongwith 6% interest from the date of acquisition, till payment of the entire awarded amount; that the compensation enhanced to Rs. 37,48,000/- is totally bad in law as against the expert opinion without meticulously examining the record pertaining to various opinions and final expert opinion rendered by Superintending Engineer PWD (R&B) Anantnag vide his communication No. 5713-15 dated 11.10.2021; that the final award has been passed in the year 2004 and compensation stands already received by the respondents in the same year, as such, the application filed by the respondents was time barred and ought to have been dismissed; that the award passed by the Collector was legal and sustainable as the same has been passed after following proper procedure in accordance with law; that the reasons for enhancing the compensation given by the Reference Court do not subscribe to the mandate of Section 23 of the Land Acquisition Act; that it is quite amazing to find out as there was no reason or evidence to pass the impugned judgment and finally it was prayed to allow the appeal and set aside the impugned judgment/decree passed by the Reference Court.

3. Learned Counsel for the appellant vehemently argued that the Collector while awarding compensation had granted an amount of Rs. 18,42,000/- for compensation of the poultry unit of the respondents situated at Village Nihama of District Pulwama which had been acquired based on the indent of the appellants Northern Railways, for railway project and alleged that the Reference Court without leading any evidence by the respondents/owners had enhanced the amount of compensation of this Poultry unit in favour of the respondents (herein) to an amount of Rs. 37,48000/-. He has argued that the compensation had been got assessed by the Collector from Superintending Engineer PWD Circle Anantnag, which he had assed at Rs. 18,42,000/-and against this expert assessment by an officer of the engineering department formulated by the Executive Engineer of PWD Division Pulwama, and approved by Superintending Engineer, Anantnag the amount had been accepted by the Collector at Rs. 18,42,000/- .

4. He further argued that on a reference made on the application moved by the respondents to the District Court Pulwama, the reference court vide impugned judgment/decree without assigning any reason in a mechanical manner, enhanced the compensation for the poultry unit of the respondents for an amount of Rs. 37,48,000/-. He argued that the appellants are aggrieved of the impugned judgment/decree passed by the Reference Court in a mechanical and arbitrary manner without looking into the provisions of Section 23 of the State Land Acquisition Act which governs the principles and provides the mechanism for determination of compensation in respect of the acquisition made and certain valid points of consideration like market value at the time of notification; damages sustained at the time of taking possession; damages by reasons of separating such land from the other land; damages to the property movable or immovable or earnings; interested per