The State must compensate landowners for land acquired for public use, as the right to property is a constitutional right that cannot be extinguished by delay or adverse possession.

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 that they have taken over the land in question of the petitioners for the purpose of construction of Shalteng Canal. Vide No.LAIF/585-92 dated 28.01.2010, respondent No.4 passed the tentative award whereby he recommended compensation @Rs.14,36,500/ per kanal with 15% solatium in favour of the petitioners in respect of the land measuring 02 kanals 05 marlas only. The total compensation recommended for the said land was Rs.37,16,943/.

4. The Assistant Commissioner, Revenue, Srinagar, vide his letter No.DCS/LAC/875/343 dated 23.06.2010, approved the rates recommended by the Collector. On 04.10.2010, Executive Engineer, Irrigation Division, Sumbal Sonawari, addressed a communication to the Superintending Engineer, Hydraulic Circle, District Baramulla, recommending case of the petitioners for grant of compensation and the Chief Engineer, Irrigation & Flood Control Department, Kashmir, asked the Collector Land Acquisition to release Rs.14.00 lacs unspent balance money in favour of the petitioners. According to the petitioners, the Deputy Commissioner, Srinagar, has, vide his letter No.DCS/LAC /1875/343 dated 23.06.2010, approved the tentative award and the Collector, Land Acquisition, vide his letter dated 19.04.2012, informed this position to the Executive Engineer concerned and he further asked him to submit the possession certificate.

5. It has been contended that the possession of the land in question has been taken over by the respondents in the year 1978-79 and they have constructed an Irrigation Canal on the said land but despite approval of award by the Deputy Commissioner, Srinagar, the compensation has not been disbursed in favour of the petitioners.

6. The respondents, in their reply to the writ petition, have submitted that with reference to the instant case, a Committee was constituted at Divisional level to examine the records pertaining to the subject land compensation case. The Committee has reported that on the basis of Fard Intikhab Jamabandi issued by Tehsildar, Srinagar, on 21.01.2012, the respondents are not liable to pay any compensation for the land in question. The relevant portions of the report of the Committee have been reproduced in the reply and the same provides as under:

“The committee constituted for securitizing the above mentioned land compensation case had several sittings. From the records available on the file, it is evident that the land in question has been acquired by the Deptt. long time back. The latest Intikhabi Girdawari, Jamabandi dated 21-01-2012 issued by the Patwari Halqa namely Bashir Ahmad Mir and duly countersigned by Naib Tehsildar Chatabal Srinagar clearly mentions that the land has been recorded in the name of the irrigation Deptt. in the year 1999. Also, from local evidence it has been revealed that the cana