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2023 Supreme(J&K) 581

SANJAY DHAR
Nazir Ahmad Shah – Appellant
Versus
State Of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jahangir Iqbal Ganai, Sr. Advocate, with Mr. Hisham Saleem, Advocate.
For the Respondent:Mr. D. C. Raina, Advocate General, with Mr. Sajad Ashraf, GA., Mr. Mohsin Qadiri, Sr. AAG, with Ms. Maha Majeed, Mr. T. M. Shamsi, DSGI.

JUDGMENT :

1. The petitioner has challenged order No.2403 of 2015 dated 08.08.2015 to the extent of not granting occupation charges of the land belonging to the petitioner and respondent No.7 w.e.f. 15.04.2010 to 19.01.2015 as also to the extent of area of occupied land, which has been shown as 17 kanals 12 marlas instead of 25 kanals and 17½ marlas.

2. Briefly stated, the facts of the case which emanate from the pleadings of the parties are that the land comprised in Khasra Nos.2028/415, 2030/41, 2031/415, 2075/423, 2077/423, 2078/423, 2079/423, 2080/423, 2081/423, 413 and 414 in Estate Zainakote Tehsil Centre, Shalteng, Srinagar, along with structures raised thereon belonging to the petitioner and respondent No.7, came to be occupied by the Security Forces with effect from 27.11.2005. According to the petitioner, the total land that was occupied by the Security Forces is measuring 25 kanals and 17 marlas whereas stand of the official respondents is that only 20 kanals of land, out of the big chunk of land measuring 25 kanals and 17 marlas belonging to the petitioner and respondent No.7, was occupied by the Security Forces. There is also dispute as regard the date on which the Secur

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