Allottees under Government Order No. LB/7-C of 1958, with limited rights of possession/cultivation, are not entitled to full compensation under the J&K Land Acquisition Act.

JUDGMENT :

1. The petitioners have filed the instant writ petition seeking a direction upon the respondents to release the compensation amount awarded in their favour in terms of award bearing No. ADCK/LA/321-26 dated 16.06.2007 without deduction of two-third amount.

2. According to the petitioners, they were owners of the land falling under khasra No. 293/103 situated at Village Kalna, Tehsil and District, Kathua. It has been submitted that the land in question was their ancestral land and in the year 2003, acquisition proceedings were initiated by the Collector Land Acquisition, Kathua in connection with expansion of industrial area at Village Kalna. On 16.06.2007 final award came to be passed by respondent No. 3-Collector but only a part of the compensation has been released in favour of the petitioners and the balance amount has been withheld without any rhyme and reason. Hence the instant writ petition.

3. Respondent No. 3-Collector Land Acquisition, Kathua, in his reply to the writ petition has submitted that the land measuring 1423 kanals and 08 marlas situated at Village Kalana, Tehsil and District, Kathua was acquired and in terms of award dated 16.06.2007, compensation in the amount of Rs. 8,64,76,689.30/- was assessed. It has been submitted that the land measuring 163 kanals 16 marals in khasra No. 293/103 min situated at Village Kalna is part of the said acquisition. As per apportionment statement, share of petitioner No. 1 is shown as Rs. 9,93,600/- for land measuring 16 kanals, out of which one-third amount i.e. Rs. 3,31,200/- has been disbursed to him. Respondent No. 3 has taken a stand that only one-third land compensation has been paid to the petitioner(s) in view of the conditions laid down in Circular No. Rev-LB-10/80 dated 23.02.1980, according to which, only one-third compensation is to be paid to the allottees to whom the land has been allotted under various Government Orders etc.

4. The petitioners have filed a rejoinder to the reply filed by respondent No. 3 in which it has been submitted that they have acquired the ownership of the land in question as allottees in terms of Government Order No. LB/7-C of 1958 dated 05.06.1958. It has been contended that the Land Acquisition Act does not make any classification between “persons interested” as defined in Section 3(b) of the Land Acquisition Act, 1990, therefore, the Circular dated 23.02.1980 cannot be made applicable to the petitioners’ case.

5. I have heard learned counsel for the parties and perused the record of the case.

6. So far as the factual aspects of the case are concerned, the same are not in dispute. It is an admitted case of the parties that the land belonging to the petitioners has been acquired by the respondents and compensation has been assessed in respect of the land in question. It is also an admitted fact that the land of the petitioners that was acquired by the respondents allotted to them in terms of Government order No. LB/7-C of 1958 dated 05.06.1958. While the petitioners claim that being owners/allottees of the land in question, they are “interested persons” as such, entitled to full compensation, respondent No. 3 has taken a stand that in view of Circular No. Rev-LB-10/80 dated 23.02.1980 issued by the Revenue Department, the petitioners are only entitled to one-third of the compensation assessed. The question that requires to be determined is as to whether the petitioners can be denied full compensation in view of Circular dated 23.02.1980.

7. As already stated the petitioners have been granted ownership rights in respect of the land in question under Government order No. LB/7-C of 1958 dated 05.06.1958. Para (7) of Circular dated 23.02.1980 provides that only one-third compensation has to be paid in respect of allottees who have acquired the rights in respect of the land under different Government Orders etc. The same is reproduced as under:

“The allottees to whom the land has been allotted under various Ailans, Council Orders, Govern