Tehsil and District Rajouri v. Badshah University, Dhanore Dhindian, Rajouri
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
Through :- Mr. Arshad Majid Malik, Advocate. Vs
UT of J&K through its Comm./Secy., Revenue Department, Civil Secretariat, Jammu.
The Collector Land Acquisition, Rajouri 03. The Tehsildar, Rajouri. 04. Baba Ghulam Shah Badshah University, Rajouri through its Vice-Chancellor, Dhanore Dhindian, Tehsil and District Rajouri.
The Registar, Baba Ghulam Shah Badshah University, Dhanore Dhindian, Rajouri.
The Chief Executive, Baba Ghulam Shah Badshah University, Dhanore Dhindian, Rajouri. ...Respondent(s) Through :- Ms. Priyanka Bhat, Advocate vice Mrs. Monika Kohli, Sr.AAG for R-1 to 3. Mr. Anuj Dewan Raina, Advocate for R-4 to 6. CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 27.03.2024
01. Petitioners, through the medium of this petition, filed under Article 226 of the Constitution of India, seek following reliefs: i. Commanding the respondents to pay the compensation to the petitioners as per the Right to Fair Compensation and in Land Acquisition, Rehabilitation and Transparency 2 Resettlement Act, 2013 along with interest whose proprietary land measuring 117 kanals 11 marlas comprised in Khasra No.251 situated at Village Dhanore Dhindian, Tehsil and District Rajouri stands already acquired by the respondent No.5 without adopting due process of law in the year 2003. ii. Commanding the respondents to pay the rent as per market value of the land w.e.f. 2003 till the date of realization of the compensation amount in favour of the petitioners. iii. Commanding the respondents to pay the Jabrana of the land to the petitioners w.e.f. 2003 when the said land was illegally and forcefully acquired by authorities without adopting due process of law. iv. Commanding the respondents to vacate the land measuring 117 kanals 11 marlas comprised in Khasra No.251 situated at Village Dhanore Dhindian, Tehsil and District Rajouri and thereafter handover the possession of the same to the petitioners who are the owners of the same in case the respondents are not ready to pay the compensation to the petitioners as per the Right to Fair Compensation and in Land Acquisition, Rehabilitation and Transparency Resettlement Act, 2013.
02. Learned counsel for the petitioners submits that the petitioners’ land measuring 117 kanals 11 marlas comprising of Khasra No.251 situated at Village Dhanore Dhindian, Tehsil and District Rajouri had been used by respondent No.3 for setting up and construction of respondent-University, however, compensation has not been paid to the petitioners with regard to the land in question.
03. Pursuant to notice, the official respondents have filed reply to the petition and have admitted that the land bearing Khasra No.251 comprising of 117 kanals 11 marlas situated at Village Dhanore Dhindian, Tehsil and District Rajouri belonging to the petitioners is under the possession of respondent- University and the petitioners want compensation of the said land.
04. It has been further pleaded that no indent from respondent-University or any other authority for acquisition of the subject land has been received in 3 the Office of respondent No.2 so far and in absence of the indent for acquisition of the land, respondent No.2 is unable to initiate acquisition proceedings and that in case of indent for acquisition of the subject land is placed by the competent authority before respondent No.2, the acquisition proceedings shall be initiated as envisaged under the Provisions of Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 and rules framed thereunder.
05. Mr. Manik Mahey, Advocate appeared for respondent Nos.4 to 6 on
24.05.2022, whereas on next date of hearing, i.e. on 19.07.2022, Mr. M.A. Khan, Advocate appeared on their behalf. However, they have neither filed any response nor there is any representation on their behalf in the Court today.
06. In view of the pleadings of the petitioners and the official respondents, it will be, in the interest of justice, to dispose of this petition as it is apparent from the record that the land of the petitioners has been used by respondent-University without payment of compensation. The petition is, therefore, disposed of with the following direction: “Respondent No.4 to 6 shall file the indent to the Collector, Land Acquisition, Rajouri for acquisition of the land within a period of six weeks from a copy of this order is received by them and the Collector, thereafter, shall proceed in the matter for acquisition of the land in accordance with law applicable on the subject.”
Disposed of. JAMMU 27.03.2024 Eva (MA CHOWDHARY) JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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