Excelsior Correspondent
Srinagar, Mar 23: High Court has set aside the trial court judgment directing the National Highway Authority of India (NHAI) to pay enhanced compensation to the land owner for acquiring his land.
Justice Mohan Lal has allowed the appeal filed by NHAI against the judgment and decree dated 26-10-2018 rendered by the Principal District Judge Pulwama whereby, the amount of compensation provided to land owner for acquisition of their land acquired by the NHAI for widening of National Highways Pulwama has been enhanced from an amount Rs.5,76,840 to Rs. 11,75000 per kanal plus 15% Jabrana alongwith 6% interest.
Justice Lal concluded that the land owner has failed to prove and establish that they are entitled to the compensation for his acquired land @ Rs. 11.75 lacs per kanal. “The appellant-NHAI on the contrary has proved that the land owner is entitled to the compensation of his acquired land @ Rs. 2.64 lacs per kanal with 15% Jabirana.
“In the net result, the appeal is allowed, whereby, the impugned judgment and decree dated 26-10- 2018 passed by the Principal District Judge Pulwama, being utterly misconceived under law and legally unsustainable, is set aside”, Court concluded.
Court further added that the land owner is entitled to claim compensation of his acquired land in terms of the final award bearing No. DCP/LAS/NHW/649- 63/Pul dated 15-01-2014 passed by Collector Land Acquisition Pulwama @ Rs 2.64 lacs per kanal plus 15% Jabirana.
“Collector Land Acquisition by his reference dated 29-10- 2014 u/s 32 r/w 18 of J&K Land Acquisition Act has calculated the total amount of Rs. 5,76,840/- on account of proprietary land of owner (@ Rs. 303600 and the bill for the said amount has been submitted to the reference court of District Judge Pulwama”, reads the judgment.
The court has held that the owner of the land, therefore, entitled to the total amount of compensation of Rs. 5,76,840 plus interest @ 6% per annum accrued on it from the date of reference of 29.10.2014 till the amount is finally realized by him.
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