Neel Kamal & Ors. v. State of J&K & Ors.
Case at a glance
- Decided
- 30 Sep 2022
- Bench
- TASHI RABSTAN
Outcome
Disposed of
feel satisfied if this petition is disposed of by directing respondent No
Provisions considered
Key paragraphs
- Para 44. Writ petition stands disposed of. Jammu 30.09.2022 (Anil Sanhotra) (Sindhu Sharma) (Tashi Rabstan) Judge Judge Whether the order is reportable ? Whether the order is speaking ? Yes/No Yes/No
Judgment
Through: Mr. Ankush Manhas, Advocate. Vs. State of J&K & others .…. Respondent(s) Through: Mr. Amit Gupta, Dy. AG for 1 to 4. Mr. S.S. Nanda, Sr. AAG, for No.5 Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
Petitioners have filed this petition averring therein that the respondents have acquired their land measuring 06 kanals 14 marlas for public purpose, i.e., for construction of road from Chinar Mohalla to Drejha in Village Nagar, Bhadarwah. It is averred that in the first phase the respondents made a final award of Rs.22,19,336.70 and in the second phase made a final award of Rs.22,45,250/-. It is averred that compensation on account of acquiring their land despite awarding of final awards were not released in their favour. It is also averred that in the process of constructing the road, the fruit bearing trees existing on their land have also got damaged completely, for which also no compensation was awarded to them. Hence, the present petition.
Operative part
Today, when the matter was taken up, learned counsel appearing for petitioners stated at the Bar that although the respondents have released the 2 OWP No.2552/2018 awarded amount in favour of petitioners in respect of the land-in-question, yet they have not paid the interest on the awarded amount in terms of Section 35 of the Land Acquisition Act, 1990. He further averred that the petitioners would feel satisfied if this petition is disposed of by directing respondent No.5 to consider and release the amount of interest on the awarded amount in their favour within certain time frame, to which the learned counsel for respondents have expressed no objection. Their statements are taken on record.
Accordingly, this writ petition is disposed of by directing respondent No.5 to consider and release the amount of interest in favour of petitioners at the rate of 6% on the awarded amount from the date of taking possession of the land- in-question till its actual realization. Let this exercise be completed within a period of three months from the date a copy of this order is made available by the petitioners to respondent No.5 against proper receipt.
Writ petition stands disposed of. Jammu 30.09.2022 (Anil Sanhotra) (Sindhu Sharma) (Tashi Rabstan) Judge Judge Whether the order is reportable ? Whether the order is speaking ? Yes/No Yes/No
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: feel satisfied if this petition is disposed of by directing respondent No
Which statutory provisions did this judgment involve?
Land Acquisition Act, 1990 — s. 35.
Which court decided this case, and when?
High Court of Jammu & Kashmir and Ladakh, on 30 Sep 2022. The bench was TASHI RABSTAN.
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.