(Through Virtual Mode) v. Union of India

Through :- Mr. Rakesh Chargotra, Advocate. ….Petitioner(s)/Appellant(s) Versus 1. Union of India Through Ministry of Road, Transport & Highway, New Delhi.

2. Union Territory of Jammu and Kashmir through Commissioner/ Secretary, Revene Department, Civil Secretary, Jammu/Srinagar. 3. Deputy Commissioner, Jammu. 4. Assistant Commissioner, Revenue, Jammu.

5. Tehsildar Akhnoor. 6. Gopal Dass S/o Gian Chand. 7. Prem Chand S/o Ram Ditta. 8. Chain Ram S/o Ram Ditta. 9. Raj Paul S/o Paras Ram. All residents of Village Gandarwan Tehsil Akhnoor District Jammu. ….Respondent(s) Through :- Mr. Vishal Sharma, DSGI for R-1. Ms. Monika Kohli, Sr. AAG for R-2 to 5. Mr. Ajay Bakshi, Advocate for R-6 to 8. 2 LPA No.188/2024 CORAM: HON’BLETHE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE M.A CHOWDHARY, JUDGE ORDER 11.09.2024 Cav No.1665/2024 With the appearance of Mr. Ajay Bakshi, learned counsel for the caveators, Caveat stands discharged. LPA No.188/2024

2. Notice. Mr. Vishal Sharma, learned DSGI accepts notice on behalf of respondent No.1, Ms. Monika Kohli, learned Sr. AAG accepts notice on behalf of respondent Nos. 2 to 5 and Mr. Ajay Bakshi, learned counsel accepts notice on behalf of respondent Nos. 6 to 8.

3. With the consent of learned counsel for the parties, the matter is taken up for final consideration at its threshold.

4. Instant Letters Patent Appeal has been preferred against the order dated 22.08.2024 passed by learned Single Judge in WP(C) No.2043/2024 titled “Gopal Dass and others vs. UT of J&K and others”.

5. The brief facts of the case are that: The land of the writ petitioners-private respondents was acquired by respondent No. 1vide Notification No. S.O. 2638(E) dated 14.06.2023 under Section 3(A) of NH Act, 1956 for widening/two lanning of Akhnoor-Poonch Road. The acquisition proceedings under the National Highway Act were completed and possession was taken over by the respondents in terms of the National Highway Act and award was passed on

26.02.2024. The private respondents herein-writ petitioners claim to be co- 3 LPA No.188/2024 sharers with the private respondents-appellants herein, of land falling under Khasra Nos. 628, 734, 735,741, 742 & 743 which was acquired widening/two lanning of Akhnoor-Poonch Road. The grievance of the private respondents-writ petitioners is that although they are co-sharers with the appellants herein however the compensation of the land under Khasra Nos. 734, 735, 741, 742 and 743 has been assessed in favour of the appellants herein, however with regard to Khasra No.628, the compensation was assessed in favour of the private respondents herein. The private respondents herein had already submitted an application before respondent No.4 (Assistant Commissioner Revenue, Jammu) in terms of Section 3(H)(4) of the National Highway Act for apportionment of the amount equally amongst the them and appellants herein, requesting therein to refer the dispute to the decision of Principal Civil Court of Original Jurisdiction within the limits, under whose jurisdiction land in question is situated. The said application of the private respondents has not been considered by the official respondents.

6. We have heard learned counsel for the parties, considered their respective submissions and perused the record annexed with this appeal.

7. On going through the contents of order impugned 22.08.2024, it transpires that conceding the request of writ petitioners-private respondents herein to dispose of the writ petition, the learned Single Judge after having consensus from the other side as well, disposed of the petition vide order impugned with a direction to respondent Nos.3&4 (Deputy Commissioner, Jammu and Assistant Commissioner Revenue, Jammu) to consider and decide the application dated 24.07.2024 filed by the private respondents herein by passing a speaking order, in terms of the provisions of Section 3(H)(4) of the National Highway Act within a period of four weeks. It has also been directed 4 LPA No.188/2024 by the learned Single Judge that till decision on the application of the private respondents herein, the official respondents shall not disburse compensation with regard to acquired land falling under above described Khasra numbers. Liberty is also given to the writ petitioners by the learned Single Judge to avail appropriate remedy available under law on being aggrieved by the order, if any, to be passed by the revenue authorities.

8. On the strength of grounds taken in this appeal, the appellants herein are seeking setting aside of order impugned passed by the learned Single Judge.

9. Mr. Rakesh Chargotra, learned counsel for the appellants has submitted at the Bar that the respondent No.3-the Deputy Commissioner, Jammu is not accepting the objections of the appellants to the application dated 24.07.2024 filed by private respondents-writ petitioners, which is clear violation of principle of natural justice, therefore, the appellants have knocked the portals of this Court for indulgence.

10. Learned counsel for the appellants has further submitted that the appellants herein would feel satisfied, in case the appeal in hand is, disposed of, with a direction to the respondent Nos.3&4 to consider and decide the application of the private respondents only after hearing the appellants herein and entertaining their objections. His statement is taken on record.

11. Mr. Ajay Bakshi, learned counsel appearing on behalf of the private respondent Nos.6 to 8 herein has strongly opposed the proposal advanced by learned counsel for the appellants to the extent of entertaining the objections by respondent Nos.3&4.

12. In the given circumstances and stand taken by learned counsel for the parties, we are not inclined to entertain this appeal and as such, the same 5 LPA No.188/2024 is, disposed of, with a direction to the respondent Nos.3 and 4 i.e., Deputy Commissioner, Jammu and Assistant Commissioner, Revenue, Jammu, that before passing order on the application dated 24.07.2024 filed by the private respondents herein, in terms of Section 3(H)(4) of the National Highway Act, he shall provide opportunity of being heard to the appellants herein.

13. Disposed of as above. (M.A Chowdhary) Judge (Tashi Rabstan) Chief Justice (Acting) Jammu: 11.09.2024 Surinder Whether the order is speaking? Whether the order is reportable? Yes/No Yes/No Surinder Kumar 2024.09.18 15:29 I attest to the accuracy and integrity of this document