JUDGMENT :

1. The petitioners have sought a direction upon respondent-Food Corporation of India(FCI) either to vacate the land measuring 4 kanals falling under khasra No. 169 min in Village Channi Himmat, Jammu or to pay compensation in their favour in accordance with the law.

2. Initially the writ petition was filed by original petitioner-Baldev Raj Mahajan without impleading the revenue authorities i.e. Deputy Commissioner, Jammu and Collector Land Acquisition Jammu as respondents but later on amendment was effected to the writ petition and Deputy Commissioner Jammu and Collector Land Acquisition Jammu were impleaded as respondent Nos. 4 and 5 to the writ petition. During the pendency of the writ petition, original petitioner Sh. Baldev Raj Mahajan passed away and in his place, his legal heirs have been substituted as the petitioners.

3. As per the case of the petitioners, Late Baldev Raj Mahajan, the original petitioner owned land measuring 8 kanals and 14 marlas in khasra No. 169 min situated at Village Channi Himmat Jammu, out of which land measuring 4 kanals 14 marlas has been acquired by the Police Department of Jammu and Kashmir Government by resorting to the provisions contained in J&K Land Acquisition Act (for short the Act). It has further been submitted that full compensation in respect of aforesaid land measuring 4 kanals 14 marlas stands paid to the petitioner. It has been averred in the writ petition that balance 4 kanals of land in khasra No. 169 min has been forcibly occupied by the respondent-FCI and it has constructed godowns for storage of food grains on the said land. While in the original writ petition, it has been submitted that forcible possession of four kanals of land was taken by the respondent-FCI in May/June 1993, in the amended writ petition, it has been averred that the forcible possession was taken by the respondent-FCI in the year, 2000.

4. The original petitioner is stated to have repeatedly requested respondent-FCI to pay compensation in respect of 4 kanals of land but without any success. It has been submitted that the Naib Tehsildar, Bahu Jammu, Halqa Patwari and Girdhawar have given proper ‘Nishan Dahi’ of the land and prepared the site map of the same and as per this report/site map, 4 kanals of land belonging to the original petitioner is in occupation of the respondent-FCI. On these grounds, the petitioners have sought the relief of release of compensation in their favour or in the alternative to return the land in question to them.

5. The respondent-FCI has filed its reply to the writ petition, in which it has been contended that the Government of Jammu and Kashmir had permitted the respondent-FCI to raise the construction of new godowns on the land falling under various khasra numbers at Channi Himmat, Jammu and the said land was acquired by the State Government in the year 1976. It has been submitted that while acquiring the land, which is in possession of the respondent-FCI, entire process of acquisition was followed by the Government, whereafter the land was handed over to the FCI against proper receipt. In this regard, respondent-FCI has placed on record the relevant documents. It has been submitted that vide communication bearing No. 333/LA dated 23.07.1976, Deputy Commissioner Jammu had conveyed to the respondent-FCI that notification vide No. 305-07/LA dated 15.07.1976 stands issued in respect of the land in question and further no objection was conveyed for acquisition of the land by Civil Liaison Officer, Home Department of Government of Jammu and Kashmir.

6. It has been further submitted that the communication bearing No. 9515/LA dated 20.01.1977 addressed by the Collector to the Tehsildar, shows that in terms of notification No. 330 of 1976, permission for acquisition of land was accorded by the Deputy Commissioner, Jammu under Section 17 of the Act and the consent was accorded by the Revenue Department vide its endorsement No. Rev/(LAJ)/266/76 dated 01.12.1976. According t