WP(C) No. 2133 of 2024 · High Court of Jammu & Kashmir and Ladakh
Case at a glance
- Bench
- SINDHU SHARMA
Outcome
Disposed of
of learned counsel for the parties, this writ petition is disposed of by
Provisions considered
Key paragraphs
- Para 0808. In view of the aforesaid submissions and with the consensus of learned counsel for the parties, this writ petition is disposed of by directing Deputy Commissioner Rajouri, to consider and decide the application of the petitioner (Annexure-III) regarding his claim of compensation for the…
Judgment
Through:- Mr. Ajaz Chowdhary, Advocate Union Territory of J&K & ors. …..Respondent(s) Through:- Ms. Nazia Fazal, assisting counsel to Mrs. Monika Kohli, Sr. AAG CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 02.09.2024
Petitioner seeks a direction to respondent No. 1 to assess the compensation with regard to the land measuring 14 kanals under Khasra No. 442/1 and 14 Kanals 07 Marlas under Khasra No. 442/2 situated at Kotli Kalaban, Tehsil Manjakote which is acquired for construction of Jammu, Akhnoor, Poonch Road National Highway under section 3G of National Highways Act 1956 amongst the petitioner as well as private respondent equally as per their share in revenue record.
The short contention of the petitioner and the private respondent is that they are joint owners of the aforementioned land and their possession was also recorded jointly. This land was acquired under Section 3G of National Highways Act 1956. The petitioner as well as private respondent are entitled to compensation as per the revenue record. 2
The competent authority has awarded the compensation under Section 3G of the National Highway Act on 05.06.2024 and apportionment statement was also prepared and the same has been annexed with this petition.
After the award, the petitioner approached the competent authority with claim for release of compensation in his favour but the respondents did not respond to the same. Thereafter, he filed an application before the Deputy Commissioner, District Rajouri, first to determine and decide the application of the petitioner in respect of compensation due to both the parties.
Notice to the respondents. Ms. Nazia Fazal, assisting counsel to Mrs. Monika Kohli, learned Sr. AAG accepts notice on behalf of official respondents.
Mr. Ajaz Chowdhary, learned counsel for the petitioner, submits that the petitioner would be satisfied if the writ petition is disposed of by directing the competent authority to consider and decide the application of the petitioner for grant of compensation to the parties as per their entitlement. To this, learned counsel for the respondents has no objection.
Operative part
In view of the aforesaid submissions and with the consensus of learned counsel for the parties, this writ petition is disposed of by directing Deputy Commissioner Rajouri, to consider and decide the application of the petitioner (Annexure-III) regarding his claim of compensation for the aforementioned land, after providing opportunity 3 of hearing to the other co-sharers, in accordance with law, within a period of four weeks, from the date copy of this order is made available to the Deputy Commissioner Rajouri by the petitioner.
Till such time the application of the petitioner is decided, the amount of compensation, if not already paid, shall not be disbursed. JAMMU RAM MURTI/PS 02.09.2024 (SINDHU SHARMA) Judge Ram Murti 2024.09.05 16:09 I attest to the accuracy and integrity of this document
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.