MOHAMMAD IQBAL Vs. STATE OF J & K

JUDGEMENT

(1.) Notice. Mr. Sudesh Magotra, learned GA appearing vice Mr. S. S. Nanda, Sr. AAG accepts notice on behalf of the respondents.

(2.) In the present writ petition, petitioner seeks the following reliefs:-

(3.) The petitioner claims to be the owner of the property consisting of residential house and land falling under Khasra No. 311 of Mouza Tandla, Tehsil Bhalessa District Doda on which he has constructed house. It is stated that the respondents have initiated the work of construction of Batyas Tandla (PMGSY) link road way back in the year 2010 and in this connection the earlier house of petitioner came into alignment of said road and apprehending the acquisition of the said house, the petitioner laid down plinth for construction of another house in the adjoining land falling under Khasra No. 311 of Morza Tandla. It is further stated that the petitioner submitted an application dtd. 14/7/2010 to the Sub Divisional Magistrate, Gandoh wherein he stated that on 9/7/2010 the concerned contractor along with officials damage the new plinth. Upon the enquiry the SDM, Gandoh vide No. 365-67/SDMG/LAC dtd. 28/7/2010, addressed a communication to the Executive Engineer PMGSY, Thathri whereby he was intimated that the enquiry reveals that the house of petitioner and newly constructed plinth which is away from the actual alignment area (i.e. beyond 33 ft.) have got damaged by the executing agency, as such, the sufferer deserves compensation under rules.