Jammu & Kashmir High Court
Kamla Devi vs Ut Of J&K on 24 November, 2023
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
Sr. No. 22
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- WP(C) No. 424/2022
IA No. 1539/2022
Kamla Devi, Age 70 years, ..... Appellant(s)/Petitioner(s)
W/o Giyan Chand,
R/o Sangaldhan, Tehsil Gool,
District Ramban.
Through: Mr. Bodh Raj Sharma, Advocate.
Vs
1. UT of J&K ..... Respondent(s)
Th. Commissioner Secretary to Govt.,
Revenue Department, Civil Secretariat,
Srinagar/Jammu;
2. Deputy Commissioner, Ramban;
3. Collector, Land Acquisition, Gool;
4. Executive Engineer,
Sub Transmission Division, Udhampur.
Through: Ms. Monika Kohli, Sr. AAG for R-1 to 3.
Ms. Palvi Sharma, Advocate vice
Mr. Ravinder Gupta, AAG for R-4.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
24.11.2023
1. In the instant writ petition, the petitioner seeks the following reliefs:-
"(i) writ of Mandamus commanding the respondents more particularly respondent no. 3 to release the compensation of fruit bearing and non fruit bearing trees in favour of the petitioner with interest.
ii) Writ of Mandamus commanding the respondents to pay the compensation to the petitioner of fruit bearing trees and non fruit bearing tress assessed by the authorities and further quash the acquisition proceedings of fruit 2 WP(C) No. 424/2022 bearing trees and direct the respondents to initiate fresh acquisition proceedings as per the right to Fair Compensation and Rehabilitation Act, 2013;
iii) Writ of Mandamus commanding the respondents to pay the compensation to the petitioner as per the right to Fair Compensation Act, 2013 and further to issue the fresh assessment order regarding the fruit bearing trees and non fruit bearing trees which has been acquired by the respondents for the construction receiving station Sangaldan District Ramban;
Any other writ, order or direction which this court deem fit or proper in the facts and circumstances of the case."
2. Learned counsel appearing for the petitioner submits that the petitioner is the owner of agricultural land and in the year, 2001, the land of the petitioner has been acquired by the respondents for the construction of receiving at Sangaldan. The further case of the petitioner is that the land has been acquired as per the private negotiation and compensation has been paid to the petitioners as per the order dated 27.09.2000 passed by the respondent No. 2. Learned counsel for the petitioner submits that during the meeting of private negotiation, the negotiation of the land measuring 09 Kanals and 07 Marlas has been discussed and the compensation of fruit bearing and non-fruit bearing trees has not been part of the private negotiation. He further submits that the respondents after private negotiation though have assessed the compensation of fruit bearing trees and despite the repeated requests, they have not assessed the compensation of non-fruit bearing trees till date. Feeling dissatisfied and aggrieved of the inaction on the part of the respondents, the petitioner has approached this Court by way of instant petition.
3. Per contra, reply has been filed on behalf of the respondent Nos. 1 to 3, in which a specific stand has been taken by the said respondents that the land of the petitioner under Khasra No. 44 measuring 06 Kanals and 04 Marlas 3 WP(C) No. 424/2022 was acquired through private negotiation and compensation to the tune of Rs. 1,86,000/- (Rupees One Lac and Eight Six Thousand) vide Cheque No. 947249/009493 dated 26.09.2000 was paid to the land owners as per approval of rates in negotiation. However, the respondents have admitted that compensation of fruit bearing and non-fruit bearing trees was not the part of negotiation and, accordingly, the land owner approached the concerned authorities for consideration of compensation of fruit bearing and non-fruit bearing trees for compensation as well. The stand of the respondent Nos. 1 to 3 further reveals that the site was visited by the staff of indenting department and list of fruit bearing and non-fruit bearing trees was prepared and submitted to Collector Land Acquisition (Additional Deputy Commissioner), Ramban for assessment vide Letter No. STD/Udh./Gen./Land Acq./1088-91 dated 22.06.2009. The Collector Land Acquisition (ADC), Ramban vide Letter No. 951-53/Acq./others dated 04.12.2009 forwarded the list to Divisional Forest Officers, Dharmari and Chief Horticulture Officer, Ramban for assessment under rules. The concerned department furnished the assessment report and the same was forwarded to the indenting department for making payment to the land owners vide Letter No. 2290/Acq./Gen. dated 10.01.2011 and the copy of the same has been placed on record alongwith objections.
4. Respondent Nos. 1 to 3 have admitted that the indenting department, i.e., STD Divisional, Udhampur has not make the payment to the land owners as on date. They have also denied the factum of being disbursing authority and have on oath submitted that the amount can be disbursed only in case, the approval is given by the indenting department. The specific stand has 4 WP(C) No. 424/2022 been taken by the respondent Nos. 1 to 3 that the office of the Sub Divisiional Magistrate, Gool has already taken up the matter with the indenting department, which finds mention in the Communication No. SDM/G/1122-24 dated 30.01.2020 and the reply of the said indenting department is awaited and this was precisely the reason that the amount of compensation has not been released in favour of the petitioner till date.
5. Heard learned counsel for the parties at length and perused the record.
6. With the consent of learned counsel for the parties, the instant writ petition is finally disposed of with a direction to the respondent No. 4-Executive Engineer, Sub Transmission Division, Udhampur (the indenting department) to accord necessary approval strictly under rules and as per law with respect to the compensation payable to the petitioner with respect to the fruit bearing and non-fruit bearing trees, which has been assessed by the competent authority and finds mention vide Communications dated 10.01.2011 and 30.01.2020, which have been placed on record as Annexures-A & B within a period of four weeks from the date, a certified copy of this order alongwith writ petition and Annexures are made available to the respondent No. 4 by the petitioner.
7. Writ petition is, accordingly, disposed of alongwth connected application.
(Wasim Sadiq Nargal) Judge Jammu 24.11.2023 Ram Krishan Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No