Sr. No. 29

Regular

IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP(C) No. 1495/2021

Mohammad Shafi Lone and Ors.

…Appellant(s)/Petitioner(s)

Through: Mr. Mohammad Shafi Lone, Advocate

Vs.

Collector Land Acquisition and Ors.

...Respondent(s)

Through: Mr. Sheikh Mushtaq, AAG

Mr. Rabinder Singh, for R.5

CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MS. JUSTICE SINDHU SHARMA, JUDGE

O R D E R

20-09-2022

Heard learned counsel for the parties.

Petitioners have preferred this writ petition for a direction for

quashing of the assessment report submitted by respondent No.3

Executive Engineer R&B Division, Pulwama. The other prayer is that

respondents be directed to reassess the compensation of the property in

question and pay the same as per the market rate along with interest to

the petitioners.

The petition has been filed on the allegation that the land falling

under Survey No. 6539 situated in village Lethpora, Pulwama was

acquired by the National Highway Authority of India for the purposes of

four lanning of the National Highway in the year 2007.

The respondent No.3 has assessed the compensation which is not

acceptable to the petitioners and, therefore, petitioners want quashing of

the said assessment and prays for re-assessment of the compensation and

its payment to them.

The petitioners in the entire writ petition have not disclosed the

measurement of the area of the land which has been acquired for the

above purpose. The petitioners have not even mentioned the date of the

notifications on which the land was proposed or was acquired. It has also

not been mentioned if any award in respect of the aforesaid acquisition

has been passed by the respondents.

In view of the above, in the absence of the pleadings to the above

effect, it is difficult for this Court to even come to the conclusion that the

land of the petitioner as stated was ever acquired by the respondents. In

such a situation when the petitioners have not been able to prove and

establish that their land as stated has been acquired for the road widening,

we find it difficult to direct for assessment of the compensation and

payment thereof.

It may not be out of place to mention here that though the

petitioner want quashing of the assessment report, but neither the

assessment report has been brought on record nor even its details or the

date has been mentioned. In such a situation, we are of the opinion that

the petition is misconceived and deserves dismissal. Accordingly, the

writ petition is dismissed.

(SINDHU SHARMA) (PANKAJ MITHAL)

JUDGE

CHIEF JUSTICE

SRINAGAR

20-09-2022

Aadil