Point of Law: Land acquisition - Compensation - no one can be deprived of his property otherwise than in due course of law.

ORDER :

1. Heard Shri P.S. Ahmed, learned counsel for the petitioner and Shri Hakim Aman Ali, learned counsel for the respondents.

2. The petitioner has preferred this writ petition for a direction upon the respondents to adhere to the provisions of the Land Acquisition Act and the Rules in the matter of acquisition of land and to release/disburse the compensation already awarded and deposited with them for the land measuring 01 Kanal 07 Marlas under Survey no. 2057/2013 situated at Youngra/Pathermullah Gulab Bagh, Lar, Ganderbal.

3. The pleadings convey that the petitioner is the owner of an Orchard measuring 01 Kanal 07 Marlas under Survey No. 2057/13 as aforesaid. It consists of 12 fruit bearing Walnut trees. It is said that the aforesaid land with fruit bearing trees has been acquired for construction of 220 KV double Circuit Zamil (Alesteng Transmission Line) and compensation has been awarded and ordered to be released but till date no compensation has been paid to the petitioner. It is on the above facts that the petitioner has preferred this writ petition with the prayers aforesaid.

4. It is further submitted that the petitioner has made a representation and has given a legal notice to the respondents demanding compensation but in vain.

5. The respondents in response to the writ petition have filed objections.

6. Shri B.A. Dar, learned Senior AAG, appearing for the respondents has pointed to paragraph 4 of the aforesaid objections contending that some representation has been received from one Abdul Rashid Bhat and, therefore, the payment of compensation has been kept on hold. The averments made in paragraph 4 are reproduced hereinbelow:-

“4. That in reply to para 04 & 05 of the writ petition, it is that on 22-02-2018, the answering respondent No. 03 received a representation from Abdul Rashid Bhat S/o Abdul Aziz Bhat with a request to keep on held the compensation till legal ownership of 12 Nos. Walnut trees is established by the Revenue Authority wherein he claimed that 5 Nos. out of 12 Nos. earmarked Walnut trees, exist in the piece of land bearing Khasra No. 2058/13 of village Yangoora Tehsil Lar are legally owned by him. Copy of the representation is annexed herewith as Annexure-A. The answering respondent No. 03 has taken up the matter with respondent No. 04 vide letter No. TLCD2/TS/2076-79 dated 10-03-2018 requesting to direct the concerned ACR/Tehsildar to check/verify from the relevant revenue records and authenticate the genuine owners of that piece of land where 12 Nos. Walnut trees are situated so that the payment on account of 12 Nos. Walnut Trees compensation is released to bonafide/actual walnut trees owner(s). Copy of the communication dated 10-03-2018 is annexed herewith as Annexure-B. The respondent No. 04 has constituted a committee comprising of Chief Horticulture Officer Genderbal, Executive Engineer TLCD 2nd PDD Srinagar and Tehsildar Lar to conduct joint inspection of site of these 12 Nos. earmarked/identified Walnut Trees. Accordingly the Tehsildar Lar, Chief Horticulture Officer Ganderbal and Executive Engineer, TLCD 2nd PDD Srinagar visited the site of 220 KV D/C ZAMTL Tower Location Nos. 104 & 105 Mallapora Yangoora alongwith field staff of JKPDD on 01-06-2018 at 10:30 hrs. and checked the factual ground position. On the spot it was observed that 4 Nos. out of 12 Nos. earmarkd Walnut trees are yet to be felled and 8 Nos Walnut trees found felled and lying at site. Pertinently, only one owner namely Abdul Rashid Bhat S/o Abdul Aziz Bhat was present at site on 01-06-2018, who claimed that 5 Nos. earmed Walnut trees are under his possession and he is legal owner of these Walnut trees but other co-owner Mst. Ashmi (Ayesha Begum) D/o Ab. Khaliq Bhat or her son Mohd. Yousuf, AEE Civil Sub-Division TLCD 1st PDD Srinagar, did not turn up despite repeated reminders. Copy of the Joint Inspection Report is annexed herewith as Annexure-C. As soon as final report from the Respondent No. 04 is received regarding th