BELI RAM Vs. JAMMU DEVELOPMENT AUTHORITY
LAWS(J&K)-1999-10-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 11,1999

BELI RAM Appellant
VERSUS
JAMMU DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

- (1.) PETITIONER has presented this petition seeking directions to the respondents to allot one Kanal of land in Rail Head Commercial Complex, Jammu and also seeks payment of the balance compensation already sanctioned in favour of the petitioner.
(2.) PETITIONER has averred in the petition that he alongwith his two brothers namely Luder Maniu and Durga Dass owned more than 30 Kanals of land and houses built thereon in village Rakh Bahu, Teh. Jammu. The respondents proposed a chunk of land including this land for construction of Posh Commercial Complex, named as Rail Head Commercial Complex, Jammu. The land and house of the petitioner was ear -marked by the respondents for acquisition. For habilitation of the uprooted persons the Govt. evolved a scheme where under the petitioner was entitled to the allotment of land under Govt. Order No. 171 -UD/1995 dated 21 -4 -1984 which is reproduced: "In continuation of the Government Order No. 705 -UD f 1981 dated 6 -10 -1981 read with Governn.ent Order No. 92 -UD of 1982 dated 25 -2 -1982, sanction is accorded to: i) An area of 37 Kanals of land supplemented by 15% of area for construction of roads situated between Gandhi Nagar Extension and the Rail Head Complex (Jammu) being utilised by the Jammu Development Authority for allotment in its present un -developed form, for re -settlement of the 38 families (originally 20 assamies subdivide themselves into 38 families) who were evicted from the Rail Head Complex area Jammu on payment to them rehabilitation charges at Rs. 3,000/ - per Kanal under the Government Order referred to above. The allotment of the land shall be made in favour of these persons by the Jammu Development Authority and the area to be alloted shall be on the sliding scales indicated below. Size of original holding Area to be leased out for resettlement Upto 15 Kanals 10 Marlas Above 15 to 30 Kanals 1 Kanal Above 30 to 50 Kanals 2 Kanals Above 50 to 75 Kanals 3 Kanals Above 75 Kanals 4 Kanals ii) The allotment of the land shall be on lease basis for a period of 20 years at the premium rate of Rs. 3,000/ - per Kanal, and annual ground rent at the prevelant market rates; iii) Execution of lease deed by the said Development Authority with these allottees incorporating therein all the terms and conditions of the lease, these allotments shall have no right either to sell or transfer the land leased out in their favour pursuant to this order, without prior approval, in written, of the lessor and the State Government.
(3.) THE petitioner has annexed the revenue record showing that he alongwith his brothers was in occupation of 35 Kanals and 15 Marias of land at Rakh Bahu and according to the aforesaid Govt. Order petitioner alongwith his brothers was entitld to the allotment of two Kanals of land and also compensation. The respondents have not allotted the land in favour of the petitioner to the extent of his share despite that the petitioner has made a representation to the respondents for allotment of the land copy whereof is annexed with the petition. Letter dated 31 -1 -1989 annexed with the petition reveals that the Plot No. 7 measuring one Kanal in Commercial Complex Rail Head area, Jammu has been allotted in favour of Durga Dass and LuderMani. The award also reveals that compensation of Rs. 86.400/ - stood sanctioned in respect of houses and which has accordingly been disbursed to the three brothers including the petitioner. But a part of the amount has not been paid to the petitioner though the proportionate share has been paid to his other two brothers in second instalment. The petitioner on these grounds seeks allotment of one Kanal of land in terms of Govt. Order dated 21 -4 -1984. The respondents have not filed the reply before or after the admission despite having exhausted a number of opportunities.;


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