List High Court · 2017

O R D E R 29.05.2023

In this petition, disobedience and non-implementation of Order dated 4th October 2017 passed by a Bench of this Court in OWP no.632/2015 is alleged.

I have heard learned counsel for parties and considered the matter.

A writ petition, being OWP no.632/2015, was filed by petitioners, which was disposed of vide Order dated 4th October 2017. It is important to go through the said Order. The Writ Court at paragraph has categorically observed and held that insofar as relief of petitioners to direct Collector to provide them land in exchange of the land quired in terms of the award dated 15th May 1982 is concerned, the same could not be granted in view of the specific stand taken by respondents that there was no suitable land available for the purpose and that learned counsel for petitioners too did not press for the said relief seriously in the wake of the reply filed by respondents. The Writ Court, however, observed petitioners could not be deprived of the compensation, which CCP(S) no.510/2022 was payable to them in terms of the award dated 15th May 1982. The Writ Court finally disposed of the writ petition and directed the Collector to release the compensation awarded in favour of petitioners in terms of award dated 15th May 1982. The Writ Court also held that petitioners would be entitled to statutory interest and that they would be free to avail of the remedies as may be available to them under the provisions of the J&K Land Acquisition Act.

When in the context of what is urged and alleged by petitioners in the instant petition is looked into given the stand taken by respondent, it becomes clear that in compliance to the order dated 4th October 2017, respondent vide no.LA/ACR/AMS/02 dated 7th May 2022 forwarded approval order to District Treasury Officer, Anantnag, for depositing compensation amount due to petitioners into the account of the court of Principal District Judge, Anantnag, for its onward disbursement to petitioners. Petitioners are said to have received the compensation amount. It appears that a writ petition, being WP(C) no.1450/2022 had been filed by respondents, which was, however, withdrawn by them. In the said writ petition (WP(C) no.1450/2022), as is stated by respondent, he had filed counter affidavit/compliance, averring therein that acquisition proceeding had long since been finalized and award passed and acted upon and, therefore, relief sought for by petitioners in that writ petition was against provisions of law and the new law regarding land acquisition, i.e., Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is applicable from 31st October 2019 in U.T. of J&K and that in view of stand taken, writ petition was dismissed as withdrawn. CCP(S) no.510/2022

It is maintained by petitioners that respondent as on date has not paid compensation payable to them along with statutory interest as directed by this Court nor has it been deposited by Collector in the court of Principal District Judge, Anantnag. This contention of petitioner is misconceived as the compensation amount has already been deposited by respondent before the court of Principal District Judge, Anantnag and as a consequence of which the instant contempt petition is liable to be closed.

For the reasons discussed above, no case is made out for proceeding ahead in the matter inasmuch as respondent has complied with the directions contained in the Order dated 4th October 2017, passed by this Court in OWP no.632/2015 and resultantly the proceedings are dropped and contempt petition is closed. (Vinod Chatterji Koul) Judge Srinagar 29.05.2023 Ajaz Ahmad, PS CCP(S) no.510/2022