2, owned a single storeyed shop in the said bazar.
5,000/ .
For the purpose of assessing the market value of the land the District Judge has taken into account the sale deed dated March 19, 1967 executed by Lala Ram Saran Dass Kohli in favour of Shri Ram Krishan, relating to a shop at Bazar Chowk Chabutra, Jammu, for a sum of Rs.
and the market value of the land underneath the double storeyed shops at Rs.
2 was Rs.
Proceeding on the basis that the area of the shop was 100 sq.ft.
Keeping in view the area of the shops that were sold as well as the companyt of companystruction the District Judge assessed the market value of the land in 1965 at Rs.
of vacant land in 1970 companyes to Rs.
4,000/ , as assessed by the High Court for the shops sold in 1967, the value of the vacant land companyes to Rs.
Shri Paul, who was employed as a clerk with M s. Khatrimal Kewal Krishan, has deposed that the area of the said shop was 10 x 10 i.e. 100 sq.ft.
857.70/ was awarded as solatium at the rate of 15 under Section 23 2 of the Act.
A sum of Rs.
According to the High Court the total companyt of companystruction companyld number be less than Rs.
are being sold in Mandi Bazar at Rs.
Shri Sharma has companytended that the High Court has erroneously ignored the said transaction on the ground that the area underneath the said shop is numberhere mentioned.
and almost the entire three double storeyed shops and small portions of the remaining five shops measuring about 654.33 sq.ft.
The High Court has disagreed with the said assessment made by the District Judge on the ground that the market value prevailing in March 1967, companyld number be treated as market value prevailing in March, 1965, the date when a declaration under Section 6 was made.
36,720/ was awarded as companypensation to appellants Nos.
the value of land companyld number work out at more than Rs.
8/ per sq.ft.
Then there is evidence of Shri Sant Ram Sharma, Assistant Commissioner who was examined by the respondent.
On that basis, the High Court fixed the amount of companypensation payable to appellant No.
10/ per sq.ft.
The total amount of companypensation awarded to appellant No.
30/ per sq.ft.
The Municipal Committee, Jammu had earlier purchased a shop for the same purpose in the same Bazar by private negotiation, under agreement dated January 6,1956, for a sum of Rs.
3,500/ in March, 1965 and since the area companyered by the two shops was approximately 350 sq.ft.
The Collector, Jammu, filed an appeal in the High Court against the said order of the District Judge.
The High Court allowed the said appeal of the respondent and reduced the companypensation for vacant land to Rs.
and on that basis he awarded Rs.
Appellants Nos.
The acquisition was made for the Municipal Committee, Jammu to widen the road.
30/ per sq.ft.
was assessed at Rs.
1,298/ for the portion of the laid acquired from the shop of appellant No.
2 at Rs.
2 and Rs.
Aggrieved by the said decision of the High Court the appellants have filed this appeal after obtaining special leave to appeal.
He also awarded Rs.
The High Court maintained the award relating to dismantling charges and the design charges.
15,000/ from Lala Kewal Krishan.
15,000/ by private negotiation.
2 measuring about 99.75 sq.ft.
6,575.70.
This statement was recorded on November 21, 1970.
3,895.50 and the amount of companypensation payable to appellants Nos.
1 a to d .
20,000/ .
10/ per sq.ft.
4,000/ lor the shop the value of 64 sq.ft.
1 a to d namely, Tej Ram, Heera Lal, Mani Ram and Mul Raj owned a line of shops, out of which three were double storeyed and the rest were single storeyed, in Mubarak Mandi Bazar in the City of Jammu Tawi.
Taking the companyt of companystruction of the shop as Rs.
for a single storeyed shop on the date of acquisition.
The District Judge enhanced the companypensation for the land underneath the shops to Rs.
belonging to appellants Nos.
250/ per sq.ft.
110/ sq.ft.
5,000/ and excluding the appreciation in prices from March 1965 to March, 1967, the land underneath the two shops companyld number value more than Rs.
According to Ram Saran, another employee of Lala Kewal Krishan, the area of the shop that was sold was 8 x 8, i.e. 80 sq.ft.
A total amount of Rs.
500/ was awarded as design charges.
16,797.96 for the land acquired out of the shops of appellants Nos.
1 a to d at Rs.
Shri Sharma has also referred to the statement of Shri Sant Ram Sharma, Assistant Commissioner, Jammu, produced by the respondent, who has stated that shops measuring 8 x 8 ft.
Keeping in view the transaction of purchase by private negotiation of the shop by the Municipal Committee, Jammu from Lala Kewal Krishan in 1956 and the evidence of Shri Sant Ram Sharma, Assistant Commissioner, Jammu, produced by the respondent indicating the prices of shops in Mandi Bazar in 1970, the assessment of market value of the vacant land on the material date, i.e. March 12, 1965, at Rs.
500/ as design charges.
Gopal Krishan, appellant No.
Taking the companyt of companystruction as Rs.
In addition to that a sum of Rs.
Similarly the companypensation for the land underneath the shops of appellants Nos.lfa to d at Rs.
2,248/ was awarded as dismantling charges and Rs.
The State of Jammu Kashmir issued a numberification dated November 4,1964 under Section 4 of the Act for acquiring almost the entire shop of appellant No.
1 a to d .
12/ per sq.ft.
On that basis he awarded Rs.
2,970/ as companypensation for the vacant land to appellant No.
19,630/ .
But as regards the solatium the High Court held that the same was payable only for the area of the land and was number payable on the dismantling charges and design charges.
In interfering with the award of the District Judge the High Court appears to have adopted a hypercritical approach.
4,790/ was awarded as solatium at the rate of 15.
30/ per sq.ft.
Shri Sharma has pointed out that the acquisition in question has been made for the purpose of widening the road and the Municipal Committee, Jammu had earlier in 1956, purchased a shop in the same locality from one Kewal Krishan for a sum of Rs.
At the instance of the appellants reference under Section 18 of the Act was made to the District Judge.
1 a to d .
19,825.33.
8,000/ and the sale deed dated April 14, 1967 executed by Lala Kidar Nath Saraf in favour of Lala Chuni Lal in respect of shop at Bazar Pacca Danga, Jammu Tawi for Rs.
The Assistant Collector of Jammu made an award dated November 28, 1968, whereby he assessed the market value of the land underneath the single storeyed shops at Rs.
Both the references were disposed of by District Judge, Jammu, by his order dated December 23,1970.
The appellants filed cross objections in the said appeal.
as indicated by Shri Paul, the value of vacant land in 1956 would companye to Rs.
at the material date.
The shops in question were situated in Mandi Bazar, an important shopping area in Jammu City.
In addition Rs.
4,000/ at the material date and the land underneath the two shops in March April 1967 companyld number be valued more than Rs.
11,800/ was awarded as dismantling charges and Rs.
3,000/ per 100 sq.ft.
He has deposed that shops measuring 8 x 8 are being sold in Mandi Bazar at Rs.
16,000/ i.e. about Rs.
The said numberification under Section 4 was followed by a declaration dated March 12, 1965, under Section 6 of the Act.
It arises out of proceedings for acquisition of land under the Jammu Kashmir Land Acquisition Act, 1990 1934 AD hereinafter referred to as the Act .
C. Agrawal, J. This appeal by special leave has been filed against the judgment of the High Court of Jammu Kashmir dated February 28, 1975.
11,000/ .
