A claim for compensation for land acquisition is contingent upon proof that the land utilized is private proprietary land; compensation cannot be claimed for State-owned or Kahcharai land where no individual proprietary interest exists.

JUDGEMENT (oral)

PRAYER

1. The petitioners, through the medium of the instant petition, have sought the following relief:

“(A)Writ of Mandamus, commanding thereby the Respondents to get the land of the petitioners demarcated for processing their claim for payment of compensation as the land in question is the property of the petitioners being agricultural land which has been used for construction of road without any compensation, notification, demarcation situated at village khirewanlassipora District Kulgam.

(B) Writ of Mandamus, commanding thereby the respondents to pay the petitioners, compensation in the sum of Rs 50 lakhs as full and final compensation for the land utilized for construction of the road by getting the land demarcated and accessing the value of said land which has been taken forcefully without notifying the same by official respondents.

(C) Writ of Mandamus, commanding thereby the respondents to pay in alternate the compensation to the petitioners as per market rate of the land utilizes for construction of road under MGNAREGA Scheme and as per directions of the Supreme Court Judgment, which will be placed before the Court at the time of argument respondents are obliged to pay to the petitioners an amount in the sum of Rs. 50.00 lacs with costs for having utilized the said land for construction of road without any cause or justification and in violation of prescribed provisions of law.

(D) Writ of Mandamus, commanding thereby the respondents to state the logic and reasons as to how land of the petitioners was utilized for construction of the road without demarcation and without notifying the same, hence proper investigation in the case be directed competent authority for having utilized the land of the petitioners for construction of the road in violation to permissible rules, norms and regulations and also the official and private respondents be directed to explain their position and stand as to how and why norms and regulations regarding acquisition of land were bypassed by them.”

BRIEF FACTS:

2. The brief facts of the case are that the petitioners are owners in possession of a parcel of land measuring 08 Kanals and 07 Marlas situated at Village KhrewanLassipora, Tehsil Qaimoh, DistrictKulgam. According to the petitioners, the said land is recorded as Abi Awal in the revenue records, and their ownership and possession are duly reflected in the revenue extracts placed on record.

3. It is borne out from the pleadings that the respondents issued a Notification dated 17.12.2023 for the construction of an ADP Road from Cheki Palpora to Khrewan being under Ministry of Rural Development under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). The petitioners contend that upon learning of the proposed construction, they approached the concerned Station House Officer (SHO), seeking stoppage of the work on the ground that the road was being constructed under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) Scheme without notifying the land proposed to be utilized for the project and without payment of compensation to the affected landowners.

4. The petitioners further submit that they approached the Tehsildar concerned and requested that the construction activity be halted until compensation was paid, asserting that the road was being constructed over their proprietary land without following the procedure established by law. According to the petitioners,