Jammu & Kashmir High Court
Balwant Singh And Anr vs State And Ors on 9 August, 2021
Bench: Tashi Rabstan, Puneet Gupta
Sr. No. 222
HIGH COURT OF JAMMU AND KASHMIR & LADAKH AT
JAMMU
OWP No. 363/2018
IA No. 01/2018
In
OWP No. 372/2018
IA No. 01/2018
OWP No. 373/2018
IA No. 01/2018
Balwant Singh and anr. .... Petitioner/Appellant(s)
Through:- Mr. Aditya Gupta,
Advocate.
V/s
State and ors. .....Respondent(s)
Through:- Mr. S.S Nanda, Sr. AAG
CORAM : HON'BLE MRS. JUSTICE TASHI RABSTAN, JUDGE
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
1. The case of the petitioners is that they are owners in possession of the land measuring 06 kanals 09 marlas underlying in khasra No. 199 min situated in Village Roun, District Udhampur.
2. The respondents, after fulfilling all the requisites in terms of J&K Land Acquisition Act, 1990 (hereinafter referred to as "the Act") acquired the land of the petitioners for construction of the Permanent Battalion Camping Site at Village Roun, District Udhampur for respondent No. 4. The compensation was also assessed at Rs. 20,70,000/- (Rs. 10,35,000/- + Rs. 110, 35,000/-), which included the Jabrana also and the total amount calculated in the award is Rs. 20,70, 000/- payable with interest in terms of the Act and, accordingly, the final award has been 2 OWP No. 363/2018 passed by respondent No. 3 vide award dated 15.05.2017. Despite the final award, the petitioners were not paid their compensation of the land acquired by the respondents. Accordingly, they approached to respondent Nos. 2 and 3 by filing representations, however, nothing happened to the representations. The petitioners left with no option but to file the present petition seeking direction to the respondents to pay compensation to the petitioners of their land measuring 06 kanals 09 marlas each under lying in khasra No. 199 min situated at Village Roun, District Udhampur in terms of the award dated 15.05.2017.
3. Objections have been filed by respondent No. 4, wherein he has admitted the acquisition of the land and also contended that the award amount in terms of the award has already been deposited before the Collector, Land Acquisition, Additional Deputy Commissioner, Udhampur. Collector Land Acquisition, Additional Deputy Commissioner, Udhampur has filed an affidavit in the shape of objections and admitted that the land falls under khasra No. 199 min measuring 1765 K-19M acquired by the CRPF Camp at Village Roun District Udhampur. It is further stated that the said land has been recorded as Shamilat Deh Hassb Rasad Khevat Maqbuza Malikan with kind of soil Gair Mumkin. The Additional Deputy Commissioner, Land Acquisition, Udhampur further deposed that since the land in question is a Gair Mumkin Phat, as such, the petitioners are not entitled for the compensation because they were not the owners and they are not in physical possession of the land falling under Khasra No. 199 measuring 1765 K-19M. The affidavit further refers a Circular No. Rev LB-10/80 dated 23.02.1980 which shows that type of the land as Gair Mumkin Phat and compensation of such land shall go to the State under proper head, therefore, the petitioners are not 3 OWP No. 363/2018 entitled to any compensation. Therefore, the Collector, in his affidavit further submitted that the compensation, if any, paid to the individuals in violation of the rules is recoverable and, accordingly, initiated recovery proceedings in terms of Recovery Notice dated 06.09.2018.
4. Mr. Vishal Sharma, learned ASGI admitted that the land in question has been in their possessions and in terms of the award, the compensation so assessed, has already been deposited to the Collector, Land Acquisition concerned. Therefore, Mr. Vishal Sharma, learned ASGI supports the final award. However, Mr. S.S Nanda, learned Sr. AAG submitted that since the land in question has been recorded as Gair Mumkin Phat and in terms of Circular No. Rev LB-10/80 dated 23.02.1980, the said land is a Government land, therefore, the petitioners have no right to compensation.
5. Mr. Aditya Gupta, learned counsel for the petitioners submitted that even if the land in question has been recorded as Gair Mumkin Phat but once the final award has been passed, the official respondents cannot raise the plea at this stage for not releasing the awarded amount in favour of the petitioners. In support of the contention of learned counsel for the petitioners, Mr. Aditya Gupta has referred a judgment reported in Mohd. Sultan Khan and ors. Vs. State and of J&K and ors ; 2014 (2) JKJ 6 HC. The relevant para No. 37 of the aforesaid judgment supports the plea of the petitioners, which is reproduced hereunder:-
37. Then the question arises whether the State / Collector can challenge the title of the land owners or their right to receive compensation after the final award is made under Section 12 of the Land Acquisition Act? As a matter of fact, learned 4 OWP No. 363/2018 counsel for the petitioners, citing and relying upon the judgments of the Supreme Court in Sharda Devi v. State of Bihar, AIR 2003 SC 942 and M/s Ahad Brothers v. State of M. P., AIR 2005 SC 355, and the judgment of the Allahabad High Court in Baru Mal v. State of U. P., AIR 1962, Allahabad 61, submitted that once final award is passed the State and / or the Collector is debarred from challenging the title of the land owners or their right to payment of compensation.
7. The issue with regard to the entitlement of the compensation has been adjudicated upon in the award and the judgment (supra) also supports the petitioners in this regard. We, accordingly, allow the writ petitions and direct the respondents, especially, the Collector, Land Acquisition, Udhampur to release the award amount, if any, deposited by the Union of India in favour of the petitioners strictly in terms of the award dated 15.05.2017. However, the respondents are at liberty to avail remedy before the appropriate forum, if any available, if they have grievance with regard to the relief given to the petitioners in the award.
8. OWP No. 363/2018 stands Disposed of.
9. The other petitions bearing OWP No. 372/2018 and OWP No. 373/2018 stand disposed of in the light of the order passed in OWP No. 363/2018.
(Puneet Gupta) (Tashi Rabstan)
Judge Judge
JAMMU
09.08.2021
Tarun
Whether the order is speaking? Yes/No
Whether the order is reportable? Yes/No
TARUN KUMAR GUPTA
2021.08.16 10:26
I attest to the accuracy and
integrity of this document