Judgment · High Court of Jammu & Kashmir and Ladakh
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RAJ KUMAR BHAGAT AND ORS. (SHEEP HUSBANDRY DEPARTMENT) Through: Mr. R.A. Khan, Advocate ...Respondent(s) CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 07.04.2023 In the instant petition, the petitioner has alleged non-compliance of order dated 13.11.2017 passed by this Court wherein respondents were directed to initiate the steps for formal acquisition of the land within a period of six weeks’ for proper notification of the land and to determine the compensation in accordance with law. Fresh compliance report stands filed by the respondents wherein at paragraph 6, it is stated that the Administrative Department vide BEAMS Order No. 13/Cpex/Release/FDAAHD1/Adm. Secretary-BE/2022-23 dated 13.02.2023 released an amount of Rs. 7.50 Lacs for acquisition of land and subsequently, respondents vide No. 44/DSHK/Plan of 2023 dated 04.02.2023 have placed the same at the disposal of the District Development Commissioner, Anantnag for the acquisition of land besides DSHO concerned has also been asked to personally follow the matter. It is stated that the concerned revenue authority issued notification vide No. 02 of 2023 dated 04.03.2023 under Section 11(1) for the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and as per the said notification there is mandatory time period of two months to acquire the said land. It is submitted that Deputy Commissioner, Anantnag has released an amount of Rs. 7.50 Lacs in favour of Collector Land Acquisition (SDM Dooru) vide order No. 93/AC of 2022-2022 dated 11.03.2023 for acquisition of land measuring 06 Marlas at Qammaer Shahabad at Anantnag. Learned counsel for the respondents has also placed on record documents substantiating the fact that the notification has been issued and amount of Rs. 7.50 Lacs has also been released in favour of the petitioner. In the light of the compliance report filed by the respondents, order dated 13.11.2017 has been complied with in its true letter and spirit. In view of above, contempt proceedings are accordingly closed. However, petitioner shall be at liberty to re-agitate the matter if the cause survives otherwise. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 07.04.2023 ARIF
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