KULDIP SINGH KHAJURIA Vs. SHAHID ANAYATULLAH
HIGH COURT OF JAMMU AND KASHMIR
Kuldip Singh Khajuria
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(1.)In this petition the petitioners seek initiation of contempt proceedings against the respondents for willful and intentional
disobedience/violation of the judgment dated 22.12.2017 passed in OWP
No.1819/2013, the operative portion whereof reads as under:-
"28. Therefore, in view of what has been discussed herein above, I deem it proper to allow the writ petition. Accordingly, the writ petition is allowed and Communication No.DCJ/Roshani/2011-12/107 dated 30.05.2011 of Deputy Commissioner, Jammu is hereby quashed and set aside. Consequently, Order No.DCJ/Legal/256-A dated 16.03.2016 issued by the Deputy Commissioner, Jammu shall also stand quashed. Eviction Notice No.Nazool/11-12/250-52 dated 14.06.2011 issued by Tehsildar Nazool, Jammu too is hereby quashed.
29. Since, in terms of Clause 14 of Rule 9 framed under the Roshani Act, the petitioners were entitled to 25% rebate if they deposit the amount within a period of three months with effect from 20.07.2007, 15% rebate within a period of six months, 5% rebate within a period of nine months and 2% rebate within a period of one year with effect from 20.07.2007, which opportunity the petitioners have failed to avail only because of the lapse of respondents in deciding the review application of petitioners within a period of 15 days from the date of its filing on 28.09.2007, rather they took about eight years and six months in deciding the review application, that too on the repeated directions of this Court. Therefore, on one hand the petitioners have to face loss on account of getting rebate, however, taking into consideration the fact that petitioners could not deposit the amount only because of the lapse on the part of respondents but during this period the amount-in-question remained with the petitioners, as such they are directed to deposit an amount of Rs.85,87,443/- along with 2% simple interest per annum with effect from 20.07.2008 till the whole amount is deposited by the petitioners before the Deputy Commissioner, Jammu. Let the whole amount along with interest as directed be deposited by the petitioners before Deputy Commissioner, Jammu within a period of eight weeks from today. Connected miscellaneous petition(s), accordingly, stands disposed of."
(2.)From a bare perusal of the judgment dated 22.12.2017, particularly the operation portion thereof, it is abundantly clear that right of
the petitioners to have the subject land vested with them subject to the
deposit of an amount of Rs.85,87,443/- along with simple interest @ 2% per
annum w.e.f. 20.07.2008 has been determined by this Court and the
petitioners have been held entitled to regularization of their rights qua the
property subject only to deposit of the aforesaid amount within the period
stipulated in the judgment. Admittedly, on 22.12.2017 when the judgment
was passed, the Jammu & Kashmir State Lands (Vesting of Ownership to
the Occupants) Act, 2001 (hereinafter referred as "?the Act of 2001 "?) was in
(3.)The respondents have filed their statement of facts and submitted that the judgment dated 22.12.2017 cannot be complied with in view of the
promulgation of the Jammu & Kashmir State Lands (Vesting of Ownerships
to the Occupants) (Repeal and Savings) Act , 2018 (herein after "the
Repealing Act of 2018 "? for short). Reliance has been placed on Section 3 of
the Repealing Act of 2018 to contend that the proceedings before any
authority under the provisions of the Act of 2001 shall not be proceeded with
the commencement of the Repealing Act of 2018.
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