Asif Aman v. Shaleen Kabra & Ors.
Case at a glance
Provisions considered
Judgment
Through :- Mr. Amit Gupta AAG Ms Monika Kohli Sr. AAG Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER Mr. Gupta learned AAG, representing respondents No. 1 to 5 submits that respondents No. 1 to 5 have already placed the requisite indent with respondent No.6- Collector Land Acquisition, Banihal. From a reading of the statement of facts filed by respondent No.6, it transpires that pursuant to the indent issued by respondents 1 to 5, respondent No.6 has set in motion the process of acquisition under the Right to Fair, Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [“the Act of 2013”]. We expect that respondent No.6-Collector Land Acquisition, Banihal will proceed in the matter with due promptitude and take the proceedings to its logical end within the time prescribed under the Act of 2013. In view of the aforesaid stand taken by the respondents, no case for initiating contempt proceedings against them is made out at this stage. We, therefore, close the proceedings with a liberty to the petitioner to approach this 2 Court again in case there is any indolence or remissness on part of the respondents to complete the acquisition proceedings. With regard to second part of the order dated 21.09.2022 whereby direction has been issued to the Divisional Commissioner, Jammu to assess the compensation on account of the wrongful use and occupation of the petitioner’s land, the petitioner is free to move a fresh contempt petition against the respondent(s) concerned. (PUNEET GUPTA) (SANJEEV KUMAR) JUDGE JUDGE Jammu 06.09.2023 Sanjeev
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