WP(C) NO.209/2023 CM No. 493 of 2023 · High Court of Jammu & Kashmir and Ladakh
Case at a glance
Provisions considered
Judgment
Through :- Mr. J. P. Gandhi, Advocate. V/s UT of J&K and others ….Respondent(s) Through :- Mrs. Monika Kohli, Sr. AAG. Coram: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 06.02.2023 The petitioners by way of this writ petition seeks a direction in the name of respondents to pay the amount of compensation after making apportionment of the compensation pertaining to the land of the petitioner no.1 Mohan Lal measuring 8 kanal 5 marlas, falling under Khasra No.638 min, situate at Village Deora, Tehsil Pargwal, District Jammu and the land of the petitioner no.2 Hoshiyar Chand measuring 3 kanal falling under Khasra No.638 min, situate at Village Deora, Tehsil Pargwal, District Jammu; the total land of both the petitioners is 11 kanal 5 marlas which is acquired for construction of 135 feet wide strip Border Fencing, Border Outposts (BOPs) and also the rental compensation.
When the matter is taken up, learned counsel for the petitioners submitted that the grandfather of the petitioner no.1 since 1947 during his lifetime was in cultivating possession of the land measuring 8 kanal 5 marlas, falling under Khasra No.638 min, situated at Village Deora, Tehsil Pargwal, 2 District Jammu. After the death of grandfather of the petitioner no.1, the father of the petitioner no.1 Som Ram was cultivating the above mentioned land and now the petitioner no.1 is in the cultivating possession of the said land measuring 8 kanal 5 marlas, falling under Khasra No.638 min, situate at Village Deora, Tehsil Pargwal, District Jammu. In the same manner, the petitioner no.2 is in the cultivating possession of the land measuring 3 kanal falling under Khasra No.638 min, situate at Village Deora, Tehsil Pargwal, District Jammu. It is further submitted that the petitioners were not knowing the fact that whether the land in possession of the petitioners has either been acquired by giving a notice under the J&K Land Revenue Act or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
It is further submitted that the compensation for the land in question has not been given to the petitioners and with regard to their grievances, the petitioners have made detailed representations to the Deputy Commissioner, Jammu on 07.11.2022 and to Sub Divisional Magistrate, Khour on 26.11.2022 and the said representations are stated to be pending before them. Issue notice to the respondents. Mrs. Monika Kohli, learned Sr. AAG accepts notice on behalf of the respondents. Since the petitioners have already approached the respondents with regard to their grievances, therefore, we deem it appropriate to dispose of this petition, at this stage, by directing the respondents 2 and 3 to consider and decide the representations (Annexures-III & IV to this writ petition) within a period of six weeks from today strictly under rules. 3 Till decision on the representations is taken by respondents 2 and 3, the amount of compensation for the land in question shall not be disbursed in favour of any of the persons. Disposed of as above. Jammu: 06.02.2023 Raj Kumar (Moksha Khajuria Kazmi) ) (Tashi Rabstan) Judge Chief Justice (Acting)
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