Excelsior Correspondent
Srinagar, Apr 26: High Court has penalized the Public Works Department for taking the proprietary land without due procedure of law and directed for compensation of the same with the interest in favour of the owner.
The petitioner-Abdul Rehman Teli approached the court with the claim that he is the owner of land measuring 3 kanals and 10 marlas out of which the land measuring 01 kanal came to be acquired by the respondent-department for the purpose of road widening being Hajin Saderkote Road in the year 2004 without following the due procedure of law and without paying any compensation thereto to the him.
The authorities were earlier directed to accord consideration to the release of compensation amount in favour of the petitioner in lieu of the land measuring 1 kanal but the department rejected the claim of the petitioner and aggrieved of the consideration order dated 08.08.2014 the petitioner again approached the court.
The department on the contrary to the case of the petitioner contended that the land in question stands donated by him as the same appears to have come under irrigation canal some 60 years ago and utilized by R&B Department for construction of the road being already in possession of the State thus disentitling him to any compensation in terms of Rule 24-A of the Jammu and Kashmir Land Acquisition Rules for Public Purpose.
Justice Javed Iqbal Wani while refusing the contentions of the department said the stand taken by the respondent-department with regard to ownership of the land in question is not being denied by the respondent-department, however what is being disputed by the respondent-department as noticed is that the road stands constructed over the land 60 years ago and land appears to have been donated by the land owners for the said purpose besides denying the plea of the petitioner that the land was utilized in the year 2004 for road widening.
“In view of the vague and ambiguous stand taken by the respondents that the land appears to have been donated by the land owners some 60 years ago and road stands constructed thereon ever since is not supported by any document or material by the 4 respondents. The plea of the respondents cannot but said to be merely a figment of imagination”, Justice Wani added.
The court accordingly directed the authorities to work out and assess the amount of compensation of the land measuring 1 kanal in favour of the petitioner-owner at the prevalent market rate of the land in the vicinity and disburse the same along with consequential solatium.
Court further directed for interest @ 6% per annum on all sums to the owner with the direction to exercise the process and conclude within a period of three months from the date a copy of this order/judgment is served upon the respondent-department.
“Furthermore, the petitioner having been denied compensation for the land in question by the respondents without any justifiable cause as also having compelled the petitioner to approach this court twice through the medium of instant petition awarding costs of litigation to the petitioner would meet ends of justice. Accordingly, Rs.20000/- as costs is also imposed upon the respondents to be payable to the petitioner by them as legal expenses within a period of three months”, read the judgment.
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