Excelsior Correspondent
SRINAGAR, Aug 18: The High Court today directed the administration to pay the compensation for taking over the land of the owners without acquisition process 6 decades ago with interest of 6 percent per year within three months.
The petitioners claimed that their proprietary land is under the occupation of Handicrafts Department now (J&K Industries & Commerce Department) since 1962 without acquiring the said land any due process of law and right assessment of compensation as per market rate in lieu of the said land with interest.
They through their counsel Nisar Ahmad Bhat submitted that the authorities did not take any decision pursuant to the orders passed by this court in earlier writ petitions on the one hand and on the other hand the respondent-Industries and Commerce Department being actually in possession of the land in question intend to transfer the same to the State Industrial Development Corporation (SIDCO).
The Government in its objection stated that on 22.9.2004 the land measuring 371 kanals and 6 ½ has been transferred to Ply Board Factory, Pampore managed by JK Industries Limited to the erstwhile Directorate of Handicrafts for establishment of an International Trade Centre pursuant to the Cabinet Decision dated 31.8.2004.
It is further stated that the authorities could not provide any compensation to any person as the respondent-authorities did not acquire the land in question from petitioners but in fact it had been transferred to it by the Government in terms of order dated 22.9.2004 and that there has been no infringement or violation of any of the rights of the petitioners.
Justice Javed Iqbal Wani while allowing their plea directed the authorities to work out and compute the amount of compensation for the land measuring 3 kanals and 17 marlas taken over by them without following due process of law and authorization.
Court further directed that the said compensation should be at prevalent market rate of the land in the vicinity and disburse the same along with consequential solarium and interest at the rate of 6% per annum on all sums to the land owners.
Court said the said exercise be concluded within a period of three months from the date copy of this order/judgment is supplied to the respondents. “It is also deemed appropriate to direct the respondents to pay legal expenses to the petitioners amounting Rs. 50,000”, read the direction.
Court on taking over the possession of the proprietary land without following due process of law said it is manifest that the respondent’s action qua taking over the land in question has been without any sanction of law and in fact the inaction on the part of the respondents has compounded the injustice meted out to the owners having compelled them to approach before this court again and again though apparently belatedly yet delay sufficiently explained.
Court said the respondents had not been able to decide the case of the petitioners despite the fact of having found the land to have been taken over without any sanction or authorization. “The lackadaisical conduct of the respondents in the matter is writ large and discernible from the material placed on record suggesting that the respondents have selectively granted compensation to some of the adjacent landowners and denied the same to the predecessor-in-interest”, read the judgment.
Court said the inaction on part of the authorities seemingly had been divested of landed property of the owners without following procedure of law thus violating their human and constitutional right to their land enshrined under Article 300A of the Constitution and compelled to seek redressal of their grievance by filing petition after petition before this court for none of their fault.
“In view of the aforesaid position, this court deems it appropriate to direct the respondents to treat the land measuring 3 kanals and 17 marlas having been taken over from the predecessor-in-interest of the petitioners as deemed acquisition and work out compensation of the same at present market rates while importing the said principle and position from the Apex Court”, Justice Wani recorded.
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