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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M.A.CHOWDHARY
Mumtaz Ahmed, S/o. Abdul Gani – Appellant
Versus
Collector Land Acquisition Rajouri – Respondent
JUDGMENT :
M.A. CHOWDHARY, J.
1. Appellants, through the medium of this appeal, assail judgment dated 30.09.2015 (impugned judgment) passed by learned Principal District Judge, Rajouri (Reference Court) in Land Acquisition Reference No.11 titled “Abdul Hamid & Ors. Vs. Collector Land Acquisition & Anr.” to the extent of assessing compensation of their land @ Rs. 3.00 lacs per kanal. Additionally, they seek a direction to the respondents to grant compensation @ Rs. 10.00 lakh per Kanal as has been granted in one of the sale deed executed on 29.11.2006.
2. The facts in brief as narrated in the appeal are that:
Pursuant to an indent placed by respondent No.2-Director Colleges, Higher Education Department, J&K Government- vide communication No. HE/Plan-66/2005 dated 18.08.2005, for the purpose of construction of building for Government Degree College at Thanamandi, respondent No.1-Collector Land Acquisition, Rajouri, issued Notification dated 19.08.2005 under Section 4 of the Land Acquisition Act, calling objections from the interested persons relating to the acquisition of the land and in response to this notice, appellants submitted their objections. Thereafter, the respondents acquired
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per 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.
Market value in land acquisition fixed using highest bona fide comparable sale exemplar, with time escalation (10%) and size deductions (20%), considering land potentiality near development areas.
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