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2023 Supreme(J&K) 592

SANJAY DHAR
Ghulam Ahmad Bhat – Appellant
Versus
State Of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Syed Riyaz Khawar, Advocate, with Mr. Aabid Hamid, Adv.
For the Respondent: Mr. Jahangir Dar, GA.

JUDGMENT :

1. The petitioners have sought a direction upon the respondents to pay a compensation of Rs.14.00 lacs per kanal along with solatium of 15% and interest in respect of land measuring 02 kanals and 16 marlas under Survey No.338/34-min situated at Parimpora Srinagar.

2. According to the petitioners, they were owners in possession of the land in question and the same was taken over by the Irrigation & Flood Control Department of the Government for construction of Shalteng Irrigation Canal a long time back. It has been submitted that the respondents approached the petitioners for taking over the land in question and they assured the petitioners that in lieu thereof, they will be paid compensation. However, without paying any compensation to the petitioners, the respondents forcibly took over possession of the land in question in the year 1978-79. It has been further contended that the petitioners requested the respondents either to vacate the said land or in the alternative to pay compensation to them and in this regard a number of representations were filed by the petitioners with the respondents.

3. Ultimately, on 18.04.2008, respondent No.1 issued indent certifying therein th

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