DB dismisses appeal of Union Govt with cost of Rs 20,000

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, Aug 11: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Hasnain Masoodi has dismissed appeal filed by the Union of India and others against the judgment of Writ Court with costs of Rs 20,000 to be paid to the land owner.
After hearing Advocate Jatinder Choudhary for the Union of India whereas Advocates H A Siddiqui and Mukesh Kumar for land owner namely Karan Singh Charak, the DB observed, “admittedly the land is in the occupation of Army authorities since 1956 and more than 55 years have passed. The pendency of instant appeal against the judgment of Single Judge also failed to wake-up the appellants from their deep slumber”.
“The matter has been kept pending and no effective steps are shown to have been taken for acquisition of the land for the period of last over 5 years commencing from the date of the judgment i.e. June 4, 2007”, the DB said, adding “the appellants have already taken advantage of procedural delays and the pendency of the litigation therefore they shall handover the vacant possession of the land to the writ petitioner-respondent and other land owners by the end of year 2012. The appellants shall also pay all the arrears of rental compensation to them”.
With these observations, Division Bench dismissed the appeal with cost of Rs. 20,000. The cost shall be paid to the writ petitioner- respondent by payees account cheque within one month, the DB ordered.
The land in dispute belonging to the writ petitioner-respondent, was requisitioned by the appellants with effect from March 4, 1956 when its actual possession was taken by the Army. However, the appellants did not pay the due requisitioned-compensation at the notified rate.
Accordingly, the Single Judge issued directions to the appellants to continue paying the requisitioned compensation to the writ petitioner-respondents at the enhanced rates in terms of SRO 443 dated 01.10.1999. The other issue determined by the Single Judge pertained to acquisition of land.
Accordingly directions were issued by the Single Judge to acquire the land in view of the law laid down by the Supreme Court in various cases.

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