Jammu & Kashmir High Court
Girdhari Lal Age 68 Years vs The Secretary To The Government on 23 December, 2024
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
Sr.No. 131
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: WP (C) No. 3020/2024
CM No. 7440/2024
1. Girdhari Lal age 68 years ....Appellant/Petitioner(s)
S/o Late Sh. Prem Nath
R/o Village Himote, Bhaderwah District Doda.
2. Krishan Kumar age 63 years
S/o Sh. Prem Nath
R/o Village Himote, Bhaderwah District Doda.
3. Rattan Singh age 58 years
S/o Late Sh. Kunj Lal
R/o Village Himote, Bhaderwah District Doda.
4. Ravi Kumar age 29 years
S/o Late Sh. Davinder Kumar
R/o Village Himote, Bhaderwah District Doda.
5. Janki Nath age 70 years
S/o Late Sh. Faqir Chand
R/o Village Himote, Bhaderwah District Doda.
6. Madan Lal age 51 years
S/o Late Sh. Faqir Chand
R/o Village Himote, Bhaderwah District Doda.
7. Nain Singh age 65 years
S/o Late Sh, Om Parkash
R/o Village Himote, Bhaderwah District Doda.
8. Suraj Singh age 52 years
S/o Late Sh. Om Parkash
R/o Village Himote, Bhaderwah District Doda.
9. Pritam Singh age 50 years
S/o Late Sh. Om Parkash
R/o Village Himote, Bhaderwah District Doda.
10. Johar Lal age 69 years
S/o Late Sh. Dina Nath
R/o Village Himote, Bhaderwah District Doda.
11. Shadi Lal age 64 years
S/o Late Sh. Dina Nath
R/o Village Himote, Bhaderwah District Doda.
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12. Santosh Kumar age 54 years
S/o Late Sh. Dina Nath
R/o Village Himote, Bhaderwah District Doda
13. Suraj Parkash age 65 years
S/o Late Sh. Amar Nath
R/o Village Himote, Bhaderwah District Doda.
14. Amar Singh age Z2 years
S/o Late Sh. Tej Ram
R/o Village Himote, Bhaderwah District Doda.
15. Mohinder Singh age 54 years
S/o Late Sh. Tej Ram
R/o Village Himote, Bhaderwah District Doda.
16. Lachman Singh age T6 years
S/o Late Sh. Beli Ram
R/o Village Himote, Bhaderwah District Doda.
17. Punjab Singh age 33 years
S/o Late Sh. Chanchal Singh
R/o Village Himote, Bhaderwah District Doda.
18. Rohan Singh Manhas age 30 years
S/o Late Sh. Dharam Singh Manhas
R/o Village Himote, Bhaderwah District Doda.
19. Hari Raj age 68 years
S/o Late Sh. Kunj Lal
R/o Village Himote, Bhaderwah District Doda.
20. Bala Devi age 64 years
D/o Late Sh. Kunj Lal
R/o Village Himote, Bhaderwah District Doda.
21. Nirmala Devi age 76 years
D /o Late Sh. Dina Nath
R/o Village Himote, Bhaderwah District Doda.
22. Shakuntla Devi age 58 years
W/o Late Sh. Dina Nath
R/o Village Himote, Bhaderwah District Doda.
Through :- Mr. Vikram Rathore, Advocate.
V/s
1. The Secretary to the Government, ....Respondent(s)
Public Works (R&B) Department,
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Civil Secretariate Jammu/ Srinagar.
2. Chief Engineer,
PW( R&B) Department, Chenab Zone.
3. Superintending Engineer,
PW (R&B) Circle, Doda/Kishtwar.
4. Executive Engineer
PWD ( R&B) Division Bhaderwah.
Through :- Ms. Pallavi Sharma, assisting counsel to
Mr. Ravinder Gupta, AAG.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
23.12.2024
01. Petitioners, through the medium of the instant petition has sought the
following reliefs:-
(i) Mandamus directed the official respondent No. 5 to
release the compensation of Rs. 61.04 lacs in favour of
the petitioners herein especially in view of the Final
Award having reference No. LAC/ADC/21-22/323-25
dated 29.09.2021 passed by the respondent No. 5 after
acquiring the lands of the petitioners herein under the
Land Acquisition Act, for the construction of link road
from Ghatti-road Km 4th to Hi-mote via Lalha at Village
Hi-mote, Tehsil Bhaderwah, District Doda.
(ii) Mandamus further directed the official respondent
No. 1 to release the funds to the tune of Rs. 61.04 lacs
and place at the disposal of the respondent No. 4 office so
that respondent No. 4 (Executive Engineer PWD (R&B))
further deposited the funds in the office of respondent
No. 5 for finally re-leased/disbursed the awarded
amount/compensation in the favour of the petitioners.
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02. Learned counsel for the petitioners submits that the petitioners would feel
satisfied, in case, the instant petition is treated as a representation and a
direction is issued to respondent No. 4 to accord consideration to the same
within some reasonable period by taking into consideration
communication dated 17.04.2023 issued by the concerned Executive
Engineer PWD (R&B), B.C. Road Division Bhaderwah to the
Superintendent Engineer, PWD (R&B) Circle, Doda, whereby a request
have been made for making arrangement/allotment of funds for the land
structure compensation which has come under the alignment of Gathi
Gurakha Km 4th to Himote via Lalha.
03. Heard learned counsel for the petitioners at length and perused the record.
04. Issue notice to the respondents.
05. Ms. Pallavi Sharma, assisting counsel to Mr. Ravinder Gupta, learned
AAG accepts notice on behalf of the respondents and she submits that she
is not averse to the aforesaid preposition provided the case of the
petitioners is directed to be accorded consideration under rules and as per
law.
06. With the consent of learned counsel for the parties, the instant writ
petition is taken up for final disposal and, is accordingly, disposed of by
directing the respondent No. 4- Executive Engineer PWD (R&B),
Division Bhaderwah to treat the instant writ petition as a representation
and accord consideration to the same strictly under rules and as per law
within six weeks from the date a copy of this order and copy of the instant
writ petition along with the annexure(s) are made available to respondent
No. 4. The order of consideration which is likely to be passed be
forwarded to the petitioners by the respondents through registered post.
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07. It is made clear while considering the case of the petitioners, respondent
No. 4 is directed to accord due weightage to the communication dated
17.04.2023 mentioned (supra).
08. The writ petition is ‘disposed of’ in the manner indicated as above.
(Wasim Sadiq Nargal)
Judge
Jammu:
23.12.2024
RenuWhether the Order is speaking? Yes/No.
Whether the Order is reportable? Yes/ No.Renu Bala
2024.12.24 17:27
I attest to the accuracy and
integrity of this document