UNION OF INDIA Vs. ZAMINDARAN COMMITTEE KARWAH BUDGAM
LAWS(J&K)-1999-8-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 31,1999

UNION OF INDIA Appellant
VERSUS
ZAMINDARAN COMMITTEE, KARWAH, BUDGAM Respondents

JUDGEMENT

NISAR AHEMED KAKRU, J. - (1.) Salient facts are that an area measuring 3879 kanals and 12 marlas situated at villages Karwah, Damodhar, Kralpora and Wathora, Tehsil and District Budgam, has come under occupation of the Army onwards 1952. Subsequently requisitioned against the rental compensation under the provisions of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act 1968 (for short the Act). The recommendation made by the Board of Officers for acquisition of the area aforementioned has prompted the petitioners to seek a writ of mandamus to place the Union under a direction to take a decision with regard to the proposed acquisition and in the alternative, eviction of the Army.
(2.) The writ petition came up for consideration and Mr. Anil Bhan appeared in compliance to the directions of the Court. The stand taken by him is stated by the Court in its judgment and the relevant portion of the order is reproduced :"Mr. Bhan, Sr. CGSC has admitted that the acquisition proceedings have been initiated and completed and have been sent to the Ministry of the State Defence."
(3.) On the basis of the statement so made, the writ Court observed :"so there is no controversy except that compensation is not being paid to the petitioners for a long time.";


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