Lawkidunya Banner

Issuance of Compensation Award PLJ 2020 AJ&K Note 37

PLJ 2020 AJ&K (Note) 37 Issuance of Compensation Award

PLJ 2020 AJ&K (Note) 37 Issuance of Compensation Award, Land Acquisition Act, 1894 (I of 1894)–S. 18–Acquisition of land–Issuance of compensation award–Assessment of land–Entitlement for compensation–Disputed ownership–Filling of reference–Dismissed–Sale-deed–Execution of sale-deed–Placing of original sale-deed in evidence–Spoiling of record–Question of–Whether appellants herein are owners of award land and are entitled to receive compensation of awarded land–Jurisdiction of reference Court–Challenge to–It is well settled principle of law that, if after acquiring land by Collector any dispute regarding acquired land arises, same can be resolved by Reference Judge–Argument of counsel for respondents regarding competent forum has no substance, so is repelled–Reference Judge erred while holding that appellants have failed to prove their ownership–It may be stated that appellants herein, have claimed their ownership on basis of sale deed dated 13 katak 2003 b.k. attested on 17 katak 2003 b.k. and mutation No. 305–To prove their claim appellants produced original sale deed dated 13 katak 2003 b.k. which is available as Exh.PA–Respondents in their objections have not stated that sale deed is fake or bogus rather they submitted that appellants have not got entered said sale deed in revenue record, hence, they are not entitled to ownership of land–No doubt, sale deed dated 13 katak 2003 bk is 30 years old document and under Article 100 of Qanun-e-Shahadat, a 30 years old document has presumption of truth–Said document was executed in favour of Sakhi, predecessor in interest of appellants, hence, has rightly been found from custody of appellants–Respondents have not categorically denied execution of said sale deed in their objections hence, same would be deemed admitted–It is well settled principle of law that land owners are entitled to maximum compensation not market value of land if land is acquired without consent of landowners by State and compensation is a wider term as compare to market value of land–Appeal was allowed.

Leave a Reply

Your email address will not be published. Required fields are marked *