Ankit Gupta
Srinagar, April 25:Once upon a time Custodian General reccomended a case on 23.09.2013 to Administrative Department following which Commissioner/Secretary, Revenue Department desired to acquire said land.
Following which Collector, Jammu was advised to proceed as per Revenue Acts & DC Jammu was advised to make accessment of compensation following which DC Jammu vide no. DCJ/LA/Rest/Reshim/2015-16/02-05 dated.01.04.2015 conveyed a copy of notification issued by Revenue Department vide dated. 01.04.2015.
Therafter vide notification dated. 03.08.2016 objections were sought & after getting no any objections within 15 days, the cases was placed before the committee headed by DC Jammu 20.02.2017 and draft award to the tune of Rs. 1,23,29,955 was prepared but with the observations that award amount was beyond jurisdiction of DC was submitted to Div Com Jammu, vide letter dated. 19.05.2017 but Div Com returned the case vide letter dated. 20.06.2017 with some observations.
Reply was submitted by DC Office on 11.01.2021 but Div Com retured the case vide letter dated. 06.02.2020 following which DC Jammu vide order dated. 15.02.2021 conveyed the approval for the said amount following which vide order dated. 26.02.2021 final award was issued by the Collector but again it took exact 28 days to forward the case to Administrative Department vide letter dated. 24.04.2021, a case of delay tactics.
Who shall be fixed responsible for such a big delay in awarding the compensations to innocents as in the year of notification in 2016 rates would have been too less & now after a lapse of 5 years or more by taking average enhancement @ 10% as per Govt rates it would have increased..?
High Court in one case has upheld the judgment of trial court whereby compensation along with interest was directed to be paid in favour of land owners whose land has been acquired under Land Acquisition Act for railway project.
Appellant Union of India (Indian Railways) had assailed the judgment passed by the court of Addl. District Judge, Baramulla in reference filed under Section 18 of Land Acquisition Act whereby the respondents-Union of India was directed to pay compensation to the land owners from whom the land has been acquired at the rate of Rs. 2.50 lakhs per kanal.
Apart from this a direction was also passed to pay jabirana @ 15% together with simple interest @ 7% per annum on the enhanced amount of Rs. 89,000 per kanal from the date of possession of the acquired land.
It is also stated that the Collector, Land Acquisition, in absence of documentary evidence could not convince himself about the prevailing market rate and one more meeting was held on 19.02.2003 under the chairmanship of Divisional Commissioner, Kashmir, to ascertain prevailing market rate of the land.
After that the land measuring 145 Kanals in village Hamray was handed over and taken over under Section 17 of the Act and the amount of Rs. 5,69,01,329.00 was deposited. “Parties in this case have produced documentary evidence as also oral evidence.
It is on the basis of witnesses produced and documents placed on record, that the Trial court came to the conclusion that the compensation, awarded by Collector, Land Acquisition, was not adequate. The Trial court also came to the conclusion that compensation @ Rs.2.50 lacs per Kanal was a reasonable amount of compensation to be awarded”, Justice Koul said.
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