Reference Court didn’t consider commercial potential of land acquired: HC

STATE TIMES NEWS

JAMMU: Justice Sanjeev Kumar of Jammu & Kashmir and Ladakh High Court. while deciding the appeal of land acquisitions, on Saturday observed that Reference Court did not take into consideration the commercial potential of the land acquired and fixed the market value on mere conjectures and guesswork.
This significant order has been passed in the petition filed by Paras Ram & ors against the judgment/award dated 27th August, 2014 passed by the learned District Judge, Jammu [“the Reference Court”] in file No.18/LA Act titled Paras Ram and others v. Collector Land Acquisition (ACR, Jammu) and another, whereby the market rate of the acquired land in village Satwari has been enhanced from Rs. 1,45,000 per kanal to Rs. 2,07,500 per kanal.
Justice Sanjeev Kumar, after hearing Adv GS Thakur for the appellants, Sr. AAG Monika Kohli for the UT and Advocate Inderjeet Gupta with Adv Yatin Mahajan for the Airport Authority of India, observed that in the instant case, there is admittedly a gap of nine years and, therefore, having regard to the guidelines laid down in the aforesaid judgments and also the special factors existing in the instant case, this Court is of the opinion that enhancement to the market rate of acquired land @ 12% with cumulative effect would be just and fair compensation and would meet the ends of justice. The special factors which existed in this case and have weighed heavily with this Court are that the land was situated in an urban area and had high commercial potential. This Court also took judicial note of the fact that with the existence of airport in the vicinity, entire area had turned into a commercial hub. There has been a steep upward trend in the prices of the land in vicinity.
For the foregoing reasons, the award passed by the Reference Court is modified. The market value of the acquired land shall be fixed and taken as Rs.2,48,466/- per kanal. Rest of the award passed by the Reference Court shall, however, remain intact. The enhanced amount shall be payable along with solatium @15% and interest @ 6% per annum, to be reckoned from the date of taking possession of the acquired land for a period of one year and @ 10% per annum till the enhanced amount is actually paid to the appellants. The respondents shall do well to complete the entire exercise and disburse the amount within a period of two months.