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2021 Supreme(J&K) 291

SANJEEV KUMAR
Krishan Devi – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ravi Abrol.
For the Respondents: Mr. Vishal Sharma, Mr. H.A. Siddiqui, Mr. S.S. Nanda.

ORDER :

1. In this petition, the petitioners are seeking a direction to the respondents to fix and pay the rental compensation to them for the land measuring 118 kanals, 18 marlas comprising in Khasra Nos. 1, 99/200 min, 90/3 min and 87/5 min falling in village Chak Gainda, Tehsil and District Kathua which is under the occupation of Indian Army for defence purpose.

2. Objections on behalf of respondent Nos. 1, 3 and 4 have been filed in which they have taken a stand that the land measuring 118 kanals, 18 marlas [subject land] was requisitioned for defence purpose and for which the rental compensation was deposited in the office of Deputy Commissioner, Kathua for its disbursement to the original claimants. However, subsequently, the subject land was proposed to be acquired as the same was of permanent requirement for the defence purpose. Jammu and Kashmir Government issued No Objection Certificate vide communication dated 15.03.1990 and accordingly, the Government of India, Ministry of Defence, accorded sanction vide Letter No. 204/6/PKT/129/ACQ/NC/DE dated 26.02.2009 for acquisition of the subject land under the provisions of Requisitioning and Acquisition of Immovable Property Act,

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