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2024 Supreme(J&K) 382

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU 
Shrivallabh Datt – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ajay Vaid, Advocate & Mr. Ayush Gupta, Advocate
For the Respondent:Mr. Suneel Malhotra, GA for R-1 to 3 Mrs. Monika Kohli, Sr. AAG for R-4 Mr. Jatinder Choudhary, Advocate

ORDER :

1. The petitioner herein has filed the instant petition under Article 226 of the Constitution for seeking the following reliefs:-

“a. To command and direct the respondents to handover the land measuring 103 kanal 15 marlas falling in khasra no. 367 and land measuring 48 kanal 15 marlas falling in khasra no. 369 in village Pouni Chak Wand Waziran Tehsil Jammu to the petitioner, by issuance of writ of mandamus.

b. In the alternative command and direct the respondents to pay the compensation to the petitioner for deemed acquisition of the aforesaid land of the petitioner at the prevailing market rate, by issuance of writ of mandamus.

c. To pay the rent to the petitioner for the utilization of the aforesaid land of the petitioner from 1962 till it is retrieved under the provisions of SRO 239 and section 81 of the land Acquisition Rules by issuance of writ of mandamus.”

2. The facts under the shade and cover of which the aforesaid reliefs have been prayed and as are stated in the petition, are that the father of the petitioner namely, Sh. Bhanu Dutt Sharma owned two parcels of land measuring 152 Kanals 10 Marlas, (being land measuring 103 Kanals 15 Marlas and land measuring 48 Kanals

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