ORDER :

1. Heard counsel for the parties.

2. The predecessor-in-interest of the petitioner was the proprietor in possession of the land measuring 13 marlas, 10 marlas covered by survey no.656 and 3 marlas by survey no.717, situate at Khudwani Tehsil Kulgam. In terms of the registered exchange deed dated 08.12.1987, he was given ownership rights as also possession of equivalent land measuring 13 marlas of survey no.1236/670 situate at Khudwani Tehsil and District Kulgam in lieu of his above referred proprietary land. The said transfer was duly attested vide mutation no.718 on the basis of the aforesaid registered exchange deed.

3. Sometime in the year 2006, the said 13 marlas of land given in ownership and possession of predecessor-in-interest of the petitioner of survey no.1236/670 was brought within the alignment for road widening and its possession was taken over without formally acquiring it and paying any compensation to the petitioner.

4. The petitioner, as such, filed OWP No.1285/2012 and his brother writ petition OWP No.1505/2011 seeking direction for payment of compensation for the aforesaid land. In response to the said writ petition reply was filed by the State respondents i.e. the State of Jammu & Kashmir through Revenue Department, the Divisional Commissioner, Kashmir at Srinagar and the Deputy Commissioner, Kulgam, stating that the said land vested with predecessor-in-interest of the petitioner by virtue of mutation no.718 attested pursuant to the execution of the deed of exchange between the officials of the Irrigation Department and the predecessor-in-interest of the petitioner. The said land, 10 marlas only, is falling within the alignment of the road and since it is the proprietary land of the petitioner, he is entitled to compensation under the provisions of the Land Acquisition Act for which process would be initiated shortly.

5. The aforesaid writ petition was disposed of vide order dated 26.08.2013 noting that the Executive Engineer, Irrigation Department, Kulgam, and the Tehsildar, Kulgam, who were directed to appear in person before the court have stated that 10 marlas of land aforesaid is in possession of the Irrigation Department and for the remaining 3 marlas of land of the petitioner, request has been made to the revenue authorities to locate and identify the same. A further direction was issued to the official respondents to take recourse to the land acquisition proceedings in accordance with law to formally acquire the land of the petitioner for road widening.

6. It is in the above background that the petitioner has filed the present writ petition claiming compensation of the aforesaid 13 marlas of land which has still not been paid to him and has not been formally acquired though it remains to be in possession of the State authorities i.e., the Irrigation Department/ PWD(R&B) Department.

7. The respondents through the Executive Engineer, PWD(R&B), have filed objections to the writ petition wherein in paragraph 5, it has been submitted that the Tehsildar, Kulgam, reported to the Assistant Commissioner Revenue on 15.10.2012 that the land of the petitioner coming in the alignment of the road was originally the State land which was given to the predecessor-in-interest of the petitioner by virtue of a registered exchange deed dated 08.12.1987 and that the said land stands mutated in his name vide mutation no.718. It is also stated therein that the Executive Engineer, R&B Division, Kulgam, has framed intent and other related documents for acquiring the land coming under the alignment of the said road which stands submitted to the Superintending Engineer, R&B Circle, Anantnag, vide letter dated 06.10.2017 for taking further action and for making arrangement of tentative funds of Rs. 05 lakhs. The said intent has been forwarded to the Chief Engineer R&B Circle, on 16.10.2017.

8. The objections aforesaid are completely silent as to whether subsequently, the land has been notified to be acquired or not and w