Kor Singh And Anr. vs Vs. State Of J&K; And Ors. on 28 February, 2018

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Jammu & Kashmir High Court

Kor Singh And Anr. vs Vs. State Of J&K; And Ors. on 28 February, 2018

Bench: Ramalingam Sudhakar

Serial No. 20

 Suppl. List

                            HIGH COURT OF JAMMU AND KASHMIR
                                        AT JAMMU

         SWP No. 328/2018, MP No. 01/2018

                                                      Date of order: 28.02.2018

         Kor Singh and anr.                      Vs     State of J&K and ors.

         Coram:
                        Hon'ble Mr. Justice Ramalingam Sudhakar, Judge.

         Appearance:

         For the Petitioner(s)    Mr. Karan Sharma, Advocate vice
                                  Mr. Ankur Sharma, Advocate
         For the Respondent(s): Mr. Tarun Sharma, GA

i) Whether approved for reporting in Yes/No Law Journals etc.:

ii) Whether approved for publication in Press: Yes/No

1. Notice. Mr. Tarun Sharma, learned GA accepts notice on behalf of the respondents.

2. Going by the nature of relief sought for and with the consent of learned counsel for the parties, the writ petition is admitted to hearing and same is taken up for final disposal.

3. The petitioners in the present writ petition seek following relief:-

SWP No. 328/2018 Page 1 of 3

" Command and direct the respondents o provide employment to the petitioner No.2 in lieu of acquisition of land by the respondents for construction of police Chowki at Taraf Bhajwal Karka More Tehsil and District Kathua, as has been assured by the respondents to the petitioners at the time of acquisition of land;

Or in the alternative commanding them to provide compensation at present market value to the petitioners along with appropriate interest for the land acquired by the respondents for construction of Police Chowki at Taraf Bhajwal Kharka More Tehsil and District Kathua.

Command and direct the respondent No. 3 to act upon the order No. Home/Land-Acq/71/2015/2524 dated 22.06.2015 addressed by respondent no. 2 to respondent no. 3."

4. The petitioners claim to be the owner of the land falling under Khasra No. 463, situated at Taraf Bhajwal Kharka More, Tehsil and District Kathua, which was acquired by the Police Department for the purposes of construction of Police Post. It is stated that at the time of taking over the possession of the said land, petitioners were assured that they will be given compensation for the land acquired or in lieu of acquisition of land, petitioner No. 2 will be given employment in the Police Department. Learned counsel for the petitioner states that neither compensation has been granted nor employment has been given, forcing the petitioners to approach this Court. SWP No. 328/2018 Page 2 of 3

5. The date of taking possession of land by the respondents for construction of Police Post is not spelt out in the affidavit, but according to the petitioners they have made a representation dated 10.02.2018 to respondents 1, 2 and 4 (Annexure-B), but the same has not been accorded consideration.

6. Learned counsel or the respondents states that the authority will consider the claim of the petitioners, as may be directed by this Court.

7. In this view of the matter, the instant writ is disposed of by giving liberty to the petitioners to make a detailed representation to respondent No. 2-Director General of Police. On such representation being filed, the authority will accord consideration to the same and dispose of the same on its own merits expeditiously, preferably within a period of eight to twelve weeks from the date of receipt of representation along with copy of this order.

Writ petition disposed of, as above.

(Ramalingam Sudhakar) Judge Jammu 28.02.2018 SWP No. 328/2018 Page 3 of 3 Bir SWP No. 328/2018 Page 4 of 3

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