LADAKH AT JAMMU WP(C) No. 2570 of 2022 · High Court of Jammu & Kashmir and Ladakh

Through :- Mr. Ayushman Kotwal, Advocate. V/s Union Territory of J&K and Another ….Respondent(s) Through :- Ms. Anjali Badan, Advocate vice Mrs. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 29.11.2022

In this writ petition, the petitioner has sought a direction in the nature of mandamus directing the respondent no.2, Collector Land Acquisition, R.S. Pura for making reference to the learned Principal District Judge, Jammu under Section 31 of the Land Acquisition Act, 1990 in the application filed before him by the petitioner for adjudication of the dispute in regard to entitlement and apportionment of compensation of acquired land measuring 34 Kanals 14 Marlas comprised in Khasra No.97 situate at Village Gharani, Tehsil Suchetgarh, District Jammu.

When the matter is taken up, learned counsel for the petitioner submits that the petitioner is the exclusive owner of land measuring 34 Kanals 14 Marlas falling under Khasra No.97 situate in Village Gharani, Tehsil Suchetgarh, District Jammu.

It is further submitted by the learned counsel for the petitioner that respondent no.2 has issued notification dated 21.02.2018 under Section 4(1) of 2 WP(C) No. 2570/2022 the Land Acquisition Act, 1990 (for short ‘the Act’) for acquiring the land of the petitioner for development and preservation of the Gharana Wetland. It is further contended that thereafter notifications under Sections 6, 7, 9 and 9(A) of the Act were issued and the Collector i.e. respondent No. 2 passed a final award on

12.12.2020.

Learned counsel for the petitioner submitted that in the award dated

12.12.2020, the names of some unknown persons who are totally unconnected with the said land have been mentioned in the list of beneficiaries annexed with the award. It is further submitted by the learned counsel for the petitioner that this inclusion of unknown and unconnected persons in the list of beneficiaries qua the said land measuring 34 Kanals 14 Marlas has given rise to unnecessary dispute about apportionment and entitlement to receive the compensation qua the said land. It is further submitted that with regard to his grievance, the petitioner has already filed an application before the respondent no.2 seeking reference in terms of Section 31 of the Act to the District Judge, Jammu and the said application is still pending before the respondent no.2.

It is further submitted by the learned counsel for the petitioner that the Collector, instead of referring the application moved by the petitioner to the District Judge, Jammu, is sitting over the application. Thus, the petitioner is left with no option but to approach this court by filing the present petition.

Notice. Notice is accepted by Ms. Anajali Banda, learned counsel appearing vice Mrs. Monika Kohli, Sr. AAG.

Since the petitioner is seeking a direction to the respondent no.2 for making reference to the concerned competent court of law under Section 31 of 3 WP(C) No. 2570/2022 the Land Acquisition Act, we deem it appropriate to dispose of the writ petition, instead of keeping it pending, with direction to the respondent no.2, Collector concerned to refer the application moved by the petitioner under Section 31 of the Act to the concerned competent court of law strictly under rules and the concerned competent court of law where reference be made shall consider and decide the reference within two months from the date copy of the application moved under Section 31 of the Land Acquisition Act along with all requisites is received by the competent court of law.