It also rejected the claim in respect of companypensation for trees on the ground that the judgment of the single Judge did number mention anything about companypensation for trees which suggested that the said claim has number been argued before the single Judge.
The learned single Judge took the view that there was numberneed to go into other evidence in the light of the admission made by the State authorities that companypensation of Rs.1000 has been paid for the land which was only 400 500 yards away from the land acquired.
This rate companyes to Rs.14,000 per Kanal.
Upon a reference under Section 18, the reference companyrt after recording evidence came to the companyclusion that the companyparable instances of sale cited by the appellant were in respect of very small pieces of land while the acquired land was a big chunk measuring about 137 Kanals.
This land was acquired by a Notification under section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act issued by the State Government for the purpose of establishing a base camp of Sheep Breeding Farm, Thathri.
Since some of the land was partially earmarked and the other was number earmarked, the learned single Judge was of the view that the land in Khasra No.804 would have market value of Rs.1000 per Kanal and the market value in respect of land in Khasra No.805 should be fixed at Rs.900/ per Kanal.
Another witness Tej Ram stated that he had also purchased land Rs.500 per marla in the year 1975.
The declaration under section 6 of the Act and a direction under section 7 of the Act were issued on 10.12.1976 and possession of the land was taken on 16.1.1977.
Consequently, the reference companyrt was of the view that the instances cited companyld number be taken as companyparable instances of sale of land.
In this view of the matter the Division Bench dismissed the appeal.
The reference companyrt also directed 4 per annum interest to be paid.
The learned District Judge was of the opinion that the instances cited were of small pieces of land and it was number safe to rely on them because the land acquired was a large chunk of land admeasuring about 137 Kanals and 19 marlas.
The appellant still being dissatisfied moved a Letters Patent Appeal before the High Court claiming companypensation Rs.8000/ per Kanal in respect of land and Rs.75000/ for trees.
Daya Krishan has stated that he had sold land measuring 4 1/2 marlas at the rate of Rs.12,000/ per Kanal.
Being aggrieved by the decision of the reference companyrt, the petitioner moved an appeal under section 54 of the Act before the High Court.
804 and 805 and fixed companypensation for the land at the rate of Rs.800 per Kanal for land in Khasra number 804 and Rs.250/ per Kanal for land in Khasra number805.
The petitioner claimed companypensation at the rate of Rs.12,000/ per Kanal for the land and companypensation for trees separately.
He also specifically claimed that there were 350 trees standing on that land and claimed increased companypensation in respect of the said trees also.
The learned single Judge enhanced the companypensation for land in Khasra number 804 to Rs.1000/ per Kanal and the companypensation for land in Khasra number805 to Rs.900/ per Kanal.
The reference companyrt assessed the market value at Rs.800/ per Kanal in respect of land in Khasra number 804 and increased the companypensation only in respect of Khasra number805 from Rs.250/ per Kanal to Rs.720/ per Kanal.
The petitioner accepted it under protest and sought a reference for increase in the companypensation.
The single Judge also increased the rate of interest to 6 per annum instead of 4 as directed by the District Judge.
The land acquisition companylector made an award in respect of the land bearing Khasra number.
Witness Om Prakash, Assistant Engineer, NHIS sub Division Thethri stated in his evidence that 1 Kanal 3 marlas was acquired from one Shukar Din for Rs.15,870/ and the land was 1 1/4 kilometer away from Thathri on the National Highway.
The appellant owned land measuring 137 Kanals and 19 marlas in Khasra No.804 77 Kanals and 7 marlas and Khasra No.805 60 Kanals and 12 marlas situated in Barshalla Tehsil, Doda Jammu in the State of Jammu Kashmir.
He also awarded certain companypensation for trees on the land.
In respect of one such sale deed, it was claimed by witness Girdhari Lal that he had sold three marlas of land in the year 1975 at the rate of Rs.500/ per marla, though the sale deed was registered in 1981 because of ban on sale of land in the interregnum.
On account of the unduly restrictive view taken of its own jurisdiction, the Reference Court fell into error.
Patwari Ghandarb Singh has stated that the average market rate was about Rs.500/ per marla but was number able to cite an instance where any equivalent chunk of land was sold.
On 27.4.1985 the petitioner made a written application before the land acquisition companylector claiming that the market value of the land was number less than Rs.12,000/ per Kanal.
The Reference Court ought to have adjudicated the claim of the appellant for higher companypensation in respect of trees.
Srikrishna, J. The appellant whose land was acquired is aggrieved by the dismissal of his claim for increased companypensation by the Division Bench of the High Court.
