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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

OWP No. 1536/2017

IA No. 1/2017

Mohd. Syed Jawad Wani

…..Petitioner(s)

Through: Mr. Muzaffar Iqbal Khan, Advocate

Vs.

State of J&K and others

.…. Respondent(s)

Through: Mr. S.S. Nanda, Sr. AAG for respondent

Nos. 1 to 3

Mr. L.K. Moza, CGSC for respondent

No.4

Coram:

HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE

HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE

ORDER

1.

The petitioner, through the medium of present writ petition, is

seeking a direction to the respondents to initiate process of acquisition with

regard to land measuring 4 kanals falling under Khasra No. old 09 and new

205 min and 207 min along with breast-wall situated at Village Bandhan

Sangal Tehsil Gool, District Ramban, as also to pay the compensation as per

the market value along with interest @ 10% from the date the aforesaid

property was forcefully damaged due to widening of Ramban-Gool road till its

realization and also Jabrana as admissible under the Land Acquisition Act of

1999.

2.

It is contended in the writ petition that in the year 2003-04 the land

of the petitioner as well as other owners was damaged during widening of the

Ramban-Gool road, the damages were assessed by the respondents, but the

petitioner was not satisfied from the same. It is further contended that on

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reassessment made by the respondents, 4 kanals of land of the petitioner was

found damaged due to widening of the road, however, the respondent No. 4

was not satisfied from re-verification. It is further contended that as desired by

the respondent No. 4 a joint verification was conducted by the Naib Tehsildar

Sangaldan and representatives of respondent No. 4 and a report has been

submitted to the Teshildar, Gool. It is contended that the Tehsildar Gool vide

communication dated 21.04.2017 forwarded the said joint verification report to

the Collector Land Acquisition (SDM) Gool, who vide communication dated

06.06.2017 sent a copy of the said report to the Officer Commanding, 52-RCC

(GREF) C/o 56 APO for getting the same signed by his representative who was

present on spot with the revenue field staff on the date of joint verification, as

also to return the same to his office after doing the needful.

3.

Objections on behalf of respondent Nos. 1 to 3 and respondent No. 4

stand filed separately. In the objections filed by the respondent Nos. 1 to 3 it is

submitted that the verification report of Tehsildar Gool was sent to the Officer

Commanding GREF Batote for disposal and in response thereto the Officer

Commanding vide communication dated 08.08.2016 desired an on spot joint

verification along with the revenue field staff. It is submitted that in response

to the said communication, Tehsildar Gool was ordered to conduct a joint

verification on spot along with GREF staff. It is further submitted that the

answering respondents have not assessed any cost of damage caused to the

property of the petitioner, however, the Tehsildar Gool vide communication

dated 16.01.2016 submitted the damage file to the respondent No. 3-Collector

Land Acquisition (SDM), Gool, whereby, intimated that the land measuring 4

kanals bearing Khasra No. 09(old)/Khasra Nos. 205 & 207 (new) and breast

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walls protecting the land belonging to the petitioner got damaged due to

widening of the road.

4.

Heard learned counsel for the parties and perused the record.

5.

First and foremost, application, or say representation/legal notice,

i.e., Annexure-8D9 with the writ petition, according to the own showing of

petitioner is pending before the authority and the Collector Land Acquisition

(SDM) Gool vide communication No. SDM/G/GREF/128 dated 06.06.2017

sent a copy