Jammu & Kashmir High Court – Srinagar Bench
Mohammad Ashraf Lone vs Union Territory Of J&K And Others on 20 December, 2024
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Serial No. 110
Supplementary Cause List-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 2988/2024
CM(8131/2024)
Mohammad Ashraf Lone ... Petitioner(s)
Through: Mr. Khalid Jahangeer Khawja, Advocate.
Vs.
Union Territory of J&K and Others. ...Respondent(s)
Through: Mr. Jehingeer Ahmad Dar, GA with
Ms. Shaila Shameem, Assisting Counsel.
CORAM:
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER
20.12.2024
01. The prayer made by the petitioner in the present writ petition
is for directing the respondents to release compensation in favour of the
petitioner in lieu of the land and fruit bearing trees as per the prevalent
market value.
02. Earlier, the petitioner had filed a writ petition bearing OWP
574/2018, which was disposed of by this Court vide order dated
09.04.2018, with direction to the respondents that if they require the land
of the petitioner for public purpose i.e. for construction of the link road,
they shall adhere to the provisions of the Land Acquisition Act.
Simultaneously, it was also provided that in case the respondents had
already constructed the road and if any damage was caused to the fruit
bearing trees standing on the land of the petitioner, they would assess the
same and due compensation be paid to the petitioner in accordance with
the provisions of the Land Acquisition Act.
03. The record depicts that some work has been executed on spot,
but no acquisition proceedings have been initiated as compensation was
not available with the department as is evident from the communication
dated 18.07.2019 addressed by the Executive Engineer (R&B) Division,
Handwara, to the Superintending Engineer PWD (R&B) Circle Baramulla/
Kupwara. The communication dated 09.02.2020 further depicts that an
amount of Rs. 12.50 lacs out of total compensation of Rs. 19.50 lacs
assessed tentatively, has already been released in favour of the respondent
No. 4, who happens to be the Collector as well. The record further depicts
that the acquisition proceedings have not been initiated/ finalized till date.
04. Issue notice to the respondents.
05. Mr. Jehingeer Ahmad Dar, learned Government Advocate
accepts notice on behalf of respondents. He submits that in view of the
controversy involved in the present writ petition, appropriate orders may
be passed.
06. In view of the above, the present writ petition is disposed of
by directing the respondents that if the land of the petitioners measuring
1-kanal 15-marlas has been consumed by them for construction of Tulwari
Langate Hajin Road, the petitioner be paid compensation in accordance
with law.
07. Writ petition disposed of along with connected CM(s) in the
manner as indicated above.
(RAJNESH OSWAL)
JUDGE
SRINAGAR:
20.12.2024
“HAMID”
Abdul Hamid Bhat
I attest to the accuracy and
authenticity of this document
21.12.24