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2023 Supreme(J&K) 437

SANJAY DHAR
Aziz Murtaza – Appellant
Versus
State Of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P. S. Ahmad, Advocate
For the Respondent: Mr. Ilyas Laway, Mr. Faheem Nisar Shah, GA.

JUDGMENT :

1) The petitioners have sought a direction upon the respondents for payment of compensation in respect of 07 marlas of land comprised in Khasra Nos.557 and 558 situated at Qasba Bagat, Anantnag, which has been utilised by the respondents for construction of Chee-Anantnag road. An alternative prayer has been made by the petitioners that in case compensation is not paid to him, the respondents be directed to surrender possession of the aforesaid land in their favour. Besides this, the petitioners have also sought a direction upon the respondents to pay mesne profits for illegally occupying the aforesaid land for more than 37 years.

2) The facts emanating from the pleadings of the parties reveal that land acquisition proceedings in respect of land measuring 08 kanals 10 marlas in four villages i.e., Sarnal, Anchidora, Qasba Baghat and Khanabal, for construction of Qazibagh-Chee road, were initiated. The petitioners claim to be the owners of land measuring 16 marlas out of the aforesaid land which is comprised in Khasra Nos.557-min, 558-min, 1014/829/570 and 1014/829/570-min situated at Qasba Bhaghat, Anantnag. Notification under Section 4 of the Jammu and Kashmir Land Acquisi

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