Excelsior Correspondent
Srinagar, July 19: The High Court today directed the police to vacate Police Station Achhabal in Anantnag district and hand it over to the land owner.
The Division Bench of Chief Justice Pankaj Mithal and Justice Moksha Kazmi directed the police to immediately vacate the land on which the Police Station Achhabal in Anantnag district is constructed and handover its vacant possession to the petitioner.
Court also directed for payment of the rent from 16.02.2003 till date as per the rates fixed, within a period of six weeks
The court also provided that the respondents may either initiate proceedings for the acquisition of the land or to pay the compensation as has been fixed by the competent authority on negotiation at the rate of Rs 15 lakh per kanal.
The Deputy Commissioner, Anantnag, has been directed to file his personal affidavit on or before the next date clearly indicating if the land has been vacated and handed over to the petitioner and about the payment of rent for the entire period.
The petitioner Abdul Ahad Shergojri through his advocate Asma Rashid claims to be the lawful Attorney holder of the landed property measuring 6 ½ marlas situated at Achhabal tehsil and district Anantnag.
It is also averred that a notice under Section 4 came to be issued by the Collector Land Acquisition Anantnag for acquisition of land in question for public purposes viz construction of Police Station at Achhabal and sought objections within a period of 15 days.
Advocate Asma pleaded before the court that after initiating and completing the process for fixation of rent of the land, a meeting of the District Rent Assessment Committee was held on 20.9.2011 wherein 46 cases were approved including the land and the piece of land in question has been occupied and is under the occupation of Police Station Achhabal.
Thereafter the Divisional Commissioner Kashmir vide communication No. Div.Com/LAS-Acq/2811/3041 dated 4.8.2017 has forwarded the case for acquisition of land for establishment of Police Station at Achhabal and for approval of rates / award thereof to the Deputy Commissioner Finance with Anantnag Deputy Commissioner
It was contended that in terms of the decision taken in the District Rent Assessment Committee held on 20.9.2011, the petitioner is entitled to receive the rent under of the land in question as fixed with effect from 2003 till date, and also to receive the compensation of the land as approved by the competent authority and conveyed to the Deputy Commissioner Anantnag by the Financial Commissioner Revenue
She argued that the Deputy Commissioner Anantnag has stopped payment of the rent of the land in question to the petitioner with effect from 2010 and no steps have been taken for release of the compensation of the land in question @ Rs 15.00 lacs per kanal as approved and conveyed by the Financial Commissioner Revenue vide letter dated 21.7.2017.
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