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LADAKH AT JAMMU WP(C) No. 1078 of 2023 · High Court of Jammu & Kashmir and Ladakh

LADAKH AT JAMMU WP(C) No. 1078 of 2023M A CHOWDHARY2 min read

Case at a glance

Key paragraphs

  • Para 66. Learned counsel for the petitioners submits that the petitioners would feel satisfied in case, this writ petition is disposed of at this stage with a direction to the respondent No. 2, who is a competent authority for land acquisition under the National Highways Act…

Judgment

Through :- Mr. G.S. Thakur, Advocate. V/s UT of J&K & Ors. ….Respondent(s) Through :- Ms. Monika Kohli, Sr. AAG for R-1 to 3. Mr. Jatinder Choudhary, Adv. For R-4. Coram: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER

1.

Petitioners claiming that they are the share holders in ‘Shamlat Deh’ land situated at village Pamote, Tehsil Katra, District Reasi, as their predecessor- in-interest-Late Sh. Beli Ram was having share of the land measuring 510 Kanals of the total estate of the village out of Shamlat Deh, over which they have succeeded as successors and which has been notified for acquisition and construction of Delhi-Ludhiana-Amritsar-Katra Express National Highway, to be constructed by the respondent No. 4-National Highway Authority of India.

2.

Learned counsel for the petitioners submits that the petitioners had application/representation respondent No.2-Deputy Commissioner, Reasi (Competent Authority for Land Acquisition (CALA) under National Highway Act), for making a reference to the Court, which is provided under National Highway Act, 1956 (hereinafter referred to as the “Act”) in terms of Sub-Section 4 of Section 3 (H) of the Act and alleged that the said respondent is in the process of making payment to the other persons without 2 deciding the application moved by the petitioners herein for making reference. The land is stated to have been acquired in terms of the aforementioned Act.

5.

Heard. Issue notice. Ms. Monika Kohli, Sr. AAG waives notice on behalf of respondent Nos. 1 to 3 and Mr. Jatinder Choudhary, Advocate on behalf of respondent No. 4.

6.

Learned counsel for the petitioners submits that the petitioners would feel satisfied in case, this writ petition is disposed of at this stage with a direction to the respondent No. 2, who is a competent authority for land acquisition under the National Highways Act, to decide application/representation made by the petitioners before payment of compensation. Learned counsel for the respondents did not join the issue on the plea of the opposite counsel and prayed to pass appropriate orders.

7.

Be that as it may. The respondent No. 2 is directed to decide the application/representation moved by the petitioners for making reference expeditiously in accordance with law and till then, the payment in the case with regard to the concerned estate shall not be made.

8.

Writ petition is, accordingly, disposed of alongwith connected CM. (M A Chowdhary) Judge Jammu 03.05.2023 Ram Krishan

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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