Jammu & Kashmir High Court - Srinagar Bench
Haji Ghulam Qadir Mir vs Ut Of Jk And Ors on 6 September, 2021
Bench: Ali Mohammad Magrey, Vinod Chatterji Koul
Serial No. 31
After Notice list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
WP(C) No. 1693/2020
CM No. 4886/2020
Haji Ghulam Qadir Mir
..... Petitioner(s)
Through: -
None
V/s
UT of JK and Ors.
..... Respondent(s)
Through: -
Mr. B. A. Dar, Sr. AAG CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Vinod Chatterji Koul, Judge (ORDER) 06.09.2021 In the instant petition, petitioner seeks the following reliefs:-
" a) writ of Mandamus, thereby commanding the respondents to treat the land acquisition proceedings initiated in the year 2007 with respect to the petitioner's property in question as lapsed and in case the respondents are interested in acquiring the property of the petitioner, the respondents may be directed to initiate fresh proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and to pay appropriate compensation in favour of the petitioner, to rehabilitate the petitioner as provided under the said Act.
b) Mandamus, thereby commanding the respondents to pay compensation in favour of the petitioner by assessing the overall effect of the road widening and road raising on the entire shopping complex of the petitioner existing on the subject land including compensation for loss of business and for depreciation of the commercial viability of the shopping complex and compensation or rehabilitation needed for fresh construction of the shopping complex to the tune of Rs. Two crores.
c) writ of mandamus thereby commanding the respondents to pay interest at the rate of 20% from the year 2007 on the compensation amount to be assessed.
d) Writ of mandamus, thereby commanding the respondents to give same and similar treatment to the petitioner which has been given to the other similarly circumstanced persons.
e) Writ of mandamus, thereby commanding the respondents not to demolish the commercial cum residential complex belonging to the petitioner on spot without acquiring it strictly in accordance with the relevant provisions of law.
No useful purpose can be achieved by keeping this petition pending, therefore, taking into consideration the innocuous relief made in the writ petition, we dispose of the same by directing the petitioner to file a representation before the Collector Land Acquisition, Anantnag, and the Collector Land Acquisition, Anantnag is directed to consider and decide the representation of the petitioner, when it is so moved, within a period of one month from the date of receipt of such representation and pass appropriate orders thereon in accordance with.
Disposed of along with connected CM(s).
(Vinod Chatterji Koul) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR
06.09.2021
"Mohammad Yasin Dar"
MOHAMMAD YASIN DAR
2021.09.07 10:22
I attest to the accuracy and
integrity of this document