PANDAV GUPHA Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-9-74
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 08,2020

Pandav Gupha Appellant
VERSUS
Union Territory Of JAndK Respondents

JUDGEMENT

VINOD CHATTERJI KOUL,J. - (1.)The petitioner is seeking direction to the respondents 2 and 3 to release the compensation assessed and deposited by respondent No. 4 on account of rental compensation of the land owned by petitioner measuring 10 kanal 3 marla falling under Khasra No. 291 situated at village Manda, Akhnoor under the possession of the respondent no. 4 acquired under Requisition and Acquisition, Act 1985.
(2.)The petitioner claims to be the owner of the land falling under Khasra no.291 min measuring 10 kanal 3 marla situated at village Manda,Tehsil Akhnoor which is under the occupation of Ministry of Defence and respondent no.4 for defence purpose. The land was requisitioned for the occupation of respondent no 4, in the year 1948 along with other landholders whose land was acquired for defence purpose and rental compensation was agreed to be paid. The petitioner had been receiving the rental compensation along with other landholders through Respondent no 2 and 3.
(3.)Learned counsel for the petitioner submitted that since the rental compensation was revised all over the union territory, but not in the case of the petitioner which made constrained him to file the writ petition bearing OWP No 1305/2010, before this High Court for direction to the respondents to enhance the rental compensation at par with similarly situated landowners whose land is under the occupation of the respondent No 4. The rental compensation was enhanced from time to time since 1993, the petitioner was deprived the payment of rental compensation at the enhanced rate as revised by SRO 443 dated 01.10.1999, with effect from 16.02.1998 thereafter revised vide SRO 325 dated 02.02.2005, w.e.f. 16.02.2003. The petitioner and other landholders applied for payment of revised rate of rental compensation for the land so taken over by the defence authorities, but his claim was not considered. It is stated that the writ petition filed by the petitioner was disposed of by this Court on 18.05.2018, directing the respondents l and 2 to consider the case of the petitioner at par with the decision in OWP No. 614/2006. It is further stated that the respondent no.2 through respondent no. 3 sought a report with respect to the ownership right and acquaintance roll in which the status of the land acquired was given and the rate of rental compensation payable to the petitioner and other owners of the land was submitted with effect from 01.09.1988 to 31.03.2003 and the entitlement of the petitioner to receive the compensation. The acquaintance roll was prepared indicating the fact that the petitioner is entitled for rent and there is no stay from any court with respect to the payment of compensation to the petitioner. Despite opportunity, Mr. S. S. Sr. AAG has not filed objections.
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