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2021 Supreme(J&K) 494

PANKAJ MITHAL, MOHD. AKRAM CHOWDHARY
Abdul Rahman Sofi – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. Mohammad Iqbal Jan, Advocate.
For the Respondent: Mr. B.A. Dar, Sr. AAG and Mr. M.A. Chashoo, AAG.

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

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