Excelsior Correspondent
Srinagar, June 3: High Court upheld enhancement of award of compensation by trial court against the award of collector land acquisition in lieu of land acquired for widening of National Highway.
The National Highway Authority of India (NHAI) has called in question judgment passed by the Principal District Judge, Anantnag, whereby, in a reference against the award passed by the Collector Land Acquisition, Anantnag, compensation for acquired land has been enhanced from Rs.8 lakhs to Rs.16 lakhs per kanal.
The appellant-NHAI has challenged the impugned award/judgment of trial court on the grounds that the presiding Officer, prior to the date of passing the impugned award/judgment, had been attached with the High Court and his request for voluntary retirement from service was accepted by the Government with effect from 04.01.2019 and, as such, the impugned award/judgment is a nullity.
It has been also contended that the reference was time barred as the award was passed by the Collector on 23.04.2011 and the reference was made by him after more than two years on 17.07.2013 but the Reference Court has erroneously concluded that it has no jurisdiction to dismiss the reference on the ground of limitation.
Justice Sanjay Dhar while holding the award passed by the trial court in its right perspective said that from the observations of the Collector, it is clear that he is satisfied that the land in question has great commercial potential being located on either side of the National Highway in town Qazigund within Municipal limits.
Court further added that the Collector has also noted that as per the rate statement furnished by Tehsildar, the market value of the land in question is Rs.16 lakhs per kanal. The Collector has not even referred to a single fact that would diminish the market value of the land in question.
“He has not referred to any material that would have persuaded him to differ with the rate statement furnished by the Tehsildar concerned. In spite of this, the Collector has adopted a rate of Rs.8 lakhs per kanal without giving any reason for the same.
The court said the record of the Collector shows that vide his letter dated 08.01.2010 addressed to the Divisional Commissioner, Kashmir, he has made it clear that even the rate of Rs.16 lakhs is not acceptable to the land owners and also highlighted that the rates of land in the area, particularly along National Highway have increased very high and nobody is ready to part with the land at any cost.
“Thus, it is clear that the Collector was satisfied that the rate statement given by the Tehsildar projected the actual market value of the land in question but in spite of this, he has recommended a lesser market value of the land i.e. Rs.8 lakhs per kanal. The Tehsildar in his capacity as Government official in discharge of his duties had submitted a report wherein he has stated that the prevalent market rate of the land in the village on National Highway is Rs.16 lakhs per kanal. In the absence of any material or reasoning, it was not open to the Collector to discard the said report”, Court recorded.
The court with these views concluded that there was sufficient material on record before the Reference Court to conclude that the market value of the acquired land belonging to its owner was Rs.16 lakhs per kanal and has rightly enhanced the market value of the acquired land from Rs.8 lakhs to Rs.16 lakhs per kanal. “The said conclusion does not call for any interference by this Court. The appeal lacks merit and is dismissed accordingly”.
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