Excelsior Correspondent
SRINAGAR, June 27: High Court has imposed costs on a litigant for seeking compensation of land acquisition on higher rates and concealing facts and directed to credit the costs in an orphanage account.
Justice Javed Iqbal Wani dismissed the plea of one Mohammad Ramzan Dar and imposed costs of Rs 50, 000 on him for concealing the material facts before the court while filing of writ petition seeking therein compensation in lieu of acquiring his proprietary land measuring 7 kanals situated at Kanispora Baramulla for expansion of Fruit and Vegetable Market at the rate of Rs 70 lakhs per kanal.
The authorities however have informed the court that the petitioner has mislead the court as his land came to be acquired pursuant to the private negotiations committee in 2014 wherein the rate of his land came to be approved @ Rs 20 lakhs per kanal and the rate has been accepted by the petitioner-Dar without any pressure or coercion and also fixed the thumb impression on the documents as a token of acceptance.
Justice Wani said the agreement between the parties pertaining to the land acquisition as regards the value of the land acquired by the State is binding on the parties so long as such agreement is not set aside in any appropriate proceedings by a court of law.
Once an award of compensation has been accepted without any demur, the person aggrieved thereof shall be estopped and precluded from questioning the same and the petitioner in the instant case as well cannot maintain the instant petition and be allowed to turn around after having participated in the private negotiations undertaken by the officials”, Justice Iqbal said.
Court concluded that it is not inclined to exercise discretion in the matter more particularly in view of suppression and concealment of material facts by the litigant and with the dismissal of his plea, imposed costs of Rs 50000 on him which the court said the same shall be credited into the account of an Orphanage situated in Srinagar.
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