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SANJAY DHAR
Sushila Gupta – Appellant
Versus
Food Corporation of India – Respondent
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 con
The petitioner is not entitled to occupational charges beyond the date of vacation by Security Forces, and claims for additional land are declined unless rent for underlying land is not considered.
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.
Land Acquisition and Requisition – Right of compensation - Where right of compensation of petitioner/appellant is dependent upon proof of his title/ownership as well as on fact that whether land was ....
The court ruled that disputes regarding land possession and ownership require establishment of facts through appropriate statutory remedies, not simply through writ petitions.
State's unauthorized occupation of private property without acquisition violates Article 300A; unsubstantiated donation claims rejected; delay and laches no bar to compensation for continuing wrong. ....
The State cannot dispossess individuals of property without proper legal processes, affirming the entitlement to compensation for land occupied without due course of law.
Acquisition of Land - Grant of compensation - Predecessors-in-interest continued to be in cultivating possession of the subject land as occupancy tenants and this position is clearly reflected in the....
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