Union Of India And Another vs Kewal Krishan And Others
2021 Latest Caselaw 206 j&K

                                                                             103




               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU

                                                            RFA No. 7/2021


Union of India and another                            ...Appellant/Petitioner(s)

                Through :- Mr. Sunil Malhotra, CGSC
               v/s<




Kewal Krishan and others
't
                                                    .....Respondent (s)

                 Through :- Ms. Anuj Dewan Raina, Advocate
                            for Nos. 1 to 5
                            Ms. Monika Thakur, Advocate for No. 6
Coram:       HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                  ORDER

1. The present appeal has been preferred by the appellants against

the award dated 28.10.2013 passed in reference under section 18 of the Land

Acquisition Act and by virtue of the impugned award, the learned District

Judge Rajouri assessed the compensation of the acquired land of

Rs. 40,000/- per kanal. The facts emanating from the record reveal that the

award was issued by the Collector Land Acquisition on 03.03.1999 wherein

the compensation was assessed of Rs. 20,000 per kanal and Rs. 18,000/- per

kanal for cultivable land and uncultivable land respectively.

2. Feeling aggrieved, the owners filed the objections, those were

referred to the District Judge, Rajouri. After considering the pleadings and

evidence by the parties, learned District Judge, Rajouri assessed the

compensation at the rate of Rs. 40,000/- per kanal.

3. Mr. Anuj Dewan Raina, learned counsel for the respondents

submits that same award issued by the Collector Land Acquisition on

03.03.1999 was also the subject matter of consideration before this Court in

CFA No. 08/2016, titled, Union of India and others vs. Sohan Lal and others

that was disposed of on 31.05.2018 assessing the compensation of Rs.

50,000/- per kanal for cultivable land and Rs. 40,000/- per kanal for

uncultivable land. Again same award was subject of another appeal bearing

CIMA No. 326/2013 that was disposed of on 23.10.2019 in which the above

mentioned judgment passed in CFA No. 08/2016 was relied upon and the

appeal filed by the appellant was dismissed. The subject matter of this

appeal is also the same and the learned District Judge, Rajouri has

determined the compensation at the rate of Rs. 40,000/- per kanal. As both

the judgments have attained finality, so the present appeal also deserves to

be dismissed, particularly in view of the fact that the appellants' counsel has

not disputed the aforementioned fact.

4. In view of the above, the present appeal is dismissed.

(RAJNESH OSWAL) JUDGE JAMMU 26.02.2021 Rakesh Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No