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HIGH COURT OF JAMMU AND KASHMIR
M A CHOWDHARY, J
MOHD YAQOOB AND OTHERS – Appellant
Versus
U T OF J AND K TH COMMISSIONER SECRETARY PWD R AND B DEPTT AND OTHERS – Respondent
ORDER :
1. Through the medium of this petition, the petitioners claiming themselves to be the owners of the land measuring 27 kanals 16 marlas (Local kanals)/18 kanals 01 marlas (Standard kanals) situated in village Gool, District Ramban for the construction of “Road from Mohrmaal to Shan Mohallah Gool” in Tehsil Gool, District Ramban to be constructed by PWD Division, Ramban was acquired, regarding which a draft award is stated to have been passed by the Collector Land Acquisition (SDM), Gool somewhere in the year 2018 and alleged that till now the petitioners have not received compensation for their aforestated land used for construction of the road by the Public Works Department.
2. It has been asserted that petitioner No.1’s land measuring 2 Kanals 9 Marlas comprising in Khasra No. 178 min of village Gool and the dwelling house thereon came under the alignment of the said road as per notification No. 14570-72 dated 17.02.2016 issued by respondent No. 3 for which the compensation was assessed at Rs. 14,40,207/- for the land and an amount of Rs. 3,76,000/- for the dwelling house; that the land measuring 1 kanal & 18 marlas comprising of khasra No. 167 min and 09‰ marlas of Khasra N
Landowners have a constitutional right to timely compensation for acquired property, and failure to disburse compensation violates due process.
The right to property is a constitutional right that cannot be denied without due process, and administrative circulars cannot override this right.
The determination of land occupation and compensation is within the jurisdiction of the civil court.
Court affirmed landowners' entitlement to compensation for illegal road construction on private property.
Land Acquisition - Compensation - Amount of compensation be determined within said period as per provisions of Right to Fair Compensation Act, 2013 and be paid to petitioner within a period of one mo....
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