The determination of compensation under the Jammu and Kashmir Common Lands (Regulation) Act, 1956 must be made in accordance with the procedure prescribed under Rule 4 of the Jammu and Kashmir Common Lands (Regulation) Rules, 1969, and the compensation must be determined in accordance with the provisions of sections 7 and 8 of the Act.

1. Both the above said letters patent appeals involves common questions of law and facts, which are disposed of by Mr. Justice I. K- Kotwal, the learned Single Judge of this court in writ petition No. 135 of 1974 (Pt Gopi Nath Wali Versus Revenue Commissioner (Divisional Commissioner) and others and writ petition No. 146 of 1974 (Amarjeet Singh Johar and others versus Revenue Commissioner (Divisional Commissioner) Jammu and others) by orders passed respectively on April 29, 1980 and April 24, 1980, by which both the petitions are allowed and the orders impugned in both the above petitions pasted on August 23, 1974 and Nov. 8, 1973 respectively by Divisional Commissioner. Jammu and Deputy Commissioner (collector), Jammu are quashed by a Writ of Certiorari. Thus both the letters patent appeals mentioned above are heard together and are hereby disposed of by a common judgment.

2. Facts in brief given arise to the present appeal are; that some 242 families of displaced persons set up their camp at Gujral Tehsil Jammu and occupied the land belonging to private individuals including the present petitioner/appellant. The displaced persons occupied the said land for residential purposes- In order to regularise their possession over the said land the State authorities took necessary steps under the Jammu and Kashmir Common Lands (Regulation) Act 1956 (Act No. XXIV of 1956) (hereinafter called the Act) which included the extension of village Abadi of Gujral tehsil Jammu under section 7 of the Act. Motivation No. 223-57 LA dated June 23, 1969 was issued in this regard. The compensation for the land brought under Basti in village Gujral Tehsil Jammu was fixed by the then Deputy Commissioner (Collector) at the rate of Rs. 15,000/- per kanal for paying to the private individuals of whose land was acquired, After determination of said compensation, information was sent to provisional Rehabilitation officer for payment of compensation, who in his turn wrote a letter to the Secretary to Government, Relief and Rehabilitation Department, to arrange for the funds amounting to Rs.17,92000/- to be paid for the total land assigned, including the land belonging to the petitioner also Later on a query was made vide letter dated June 12, 1973 as to whether the rate fixed for payment of compensation was in accordance with the mode laid down in section 8 of the act to which a reply was also sent by the letter dated June 21, 1973 that it was exactly so.

3. In partial compliance of the determined compensation as stated above, some payment was made by the provincial Rehabilitation officer (in short hereinafter referred as PRO) on March 20, 1973 on behalf of the State Government to the petitioners. However, the deputy commissioner (collector) thereafter sought permission of the Divisional Commissioner, Jammu, in terms of sub-section (4) of section 15 of the Act to review the earlier decision fixing the rate of compensation at the rate of Rs. 15, 000/-per Kanal as according to him the said determination of compensation was not done in accordance with the mode provided in section 8 of the act, but the same was fixed according to the provisions of section 23 of the land Acquisition act. Permission sought for the review was granted by the Divisional Commissioner. On receipt of the permission, the notices were issued to the present appellant to appear before him. The petitioners on appearance, put up their objections and apart from other grounds also attacked the jurisdiction for the Dy. Commissioner (Collector) to review his earlier Order. After hearing the petitioner and taking some evidence the Dy. Commissioner (Collector) revised the previous order and determined the annual income of one Kanal of lard acquired as not exceeding Rs. 300/- he, therefore, by his order dated Nov. 8, 1973 reduced the compensation, which was earlier fixed at the rate of Rs 15, OOO/-per kanal. On appeal by the petitioners against the said order of Dy. Commissioner (Collec