Salal Hydroelectric Project vs Baldev Singh And Others
2021 Latest Caselaw 1504 j&K

                                                                      Sr. No.33

        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                               CFA No.06/2006


Salal Hydroelectric Project                                       .....Appellant(s)

                       Through: Mr. R. Koul, Advocate


                  Vs

Baldev Singh and others                                        ..... Respondent(s)

                       Through: Mr. Sheikh Altaf Hussain, Advocate.

Coram: HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                  JUDGMENT

The present appeal has been preferred by the appellant against the

judgment and decree dated 15.04.2006 passed by the court of learned Additional

District Judge, Reasi, whereby the award amount determined by the Collector

Land Acquisition, Reasi has been enhanced to Rs.11,372/- per kanal from

Rs.8,500/- per kanal. The Court has also awarded interest at the rate of 6% on

the entire awarded amount upto 11.01.1990 and thereafter 10% on the said

amount till its final realization to the petitioners in proportion to their share as

indicated in sub para (iii) of para 30 of the judgment. The Jabrana at 15% was

also awarded from the date of taking possession of the land acquired on the

enhanced amount till the final payment of the awarded amount is paid.

The challenge is made to the judgment and decree on the ground that

the claimants had failed to prove the enhanced market value of the land in

question and the trial Court still enhanced the amount by adopting impermissible

method. The reliance placed by the trial Court on the documents was misplaced.

Indeed the manner in which interest has been awarded is also not permissible

under law.

The land measuring 31 kanals in village Bidda, Tehsil Reasi was

acquired for public purpose and notification under Sections 4 and 6 of the Land

Acquisition Act were issued. This Court need not go into the procedure adopted

during acquisition by the Collector Land Acquisition, Reasi as the same is not in

dispute.

The learned counsel appearing for the appellant has taken the Court to

the judgment of the Court in order to buttress the arguments as averred in the

appeal.

The learned counsel for the respondents has supported the judgment

and decree impugned in the appeal as it is submitted that the enhancement has

been made by the Court keeping in view the facts that were brought on record.

Record of the Additional District Judge, Reasi is also before this

Court. The Court while passing the judgment has recorded that the sale deeds

brought on record by the claimants cannot be made base for assessment of

compensation or the market value of the land which has been acquired by the

Collector. The Court has, however, taken note of the award passed in the year

1985 with regard to the land which was at some distance from the land which

was subject matter of the award and further keeping in view the nature of the

land covered by the prior awards of 1985 and 1991 with regard to village Bidda,

while enhancing the value of land from Rs.8,500/- per kanal to Rs.11,372/- per

kanal. The Court has held that some guess work is permissible while enhancing

the value of the land keeping in view the judgment reported in 1984 KLJ 129

titled Collector Land Acquisition Vs. Bharat Singh

The reasoning given by the Court below is not glaringly erroneous

and in any case the enhanced amount cannot be said to be exorbitant qua the one

awarded by the Collector. The Court does not find any reason to set aside the

finding of the Court below whereby the value of the land has been enhanced

from Rs.8,500/- per kanal to Rs.11,372/- per kanal.

The learned counsel for the appellant has also vehemently agitated the

manner in which the interest has been awarded in sub para (iii) of para 30 of the

judgment. Learned counsel for the respondents could not controvert the

submission of learned counsel for the appellant and fairly conceded that only 6%

interest was required to be granted on the awarded amount from the date of

taking over of the possession of the land in question till realization of the whole

amount and not 10% as mentioned in sub para (iii) of para 30 of the judgment.

This argument of the learned counsel for the appellant has force on this aspect of

the matter. The respondents are entitled to interest at the rate of 6% per annum

from the date of taking over the possession of the land till realization of the

amount awarded by the court below.

In view of the discussion made above, the judgment and decree to the

extent of enhancement of award amount from Rs.8,500/- per kanal to

Rs.11,372/- per kanal is upheld and so is the rate of Jabrana as awarded in the

judgment. The judgment and decree is modified to the extent that claimants

shall be entitled to 6% interest on the entire awarded amount from the date the

land was taken over by the appellant till the whole amount is realized.

The appeal is allowed to the extent as mentioned above. Disposed of.

Record be sent back to the Court concerned.

( Puneet Gupta ) Judge Jammu 22.11.2021 Narinder

NARINDER KUMAR SHARMA 2021.11.26 10:33 I attest to the accuracy and integrity of this document