Jammu & Kashmir High Court
Balwant Singh And Anr vs State And Ors on 9 August, 2021
Sr. No. 222
HIGH COURT OF JAMMU AND KASHMIR & LADAKH AT
JAMMU
OWP No. 363/2018
IA No. 01/2018
In
OWP No. 372/2018
IA No. 01/2018
OWP No. 373/2018
IA No. 01/2018
Balwant Singh and anr. .... Petitioner/Appellant(s)
Through:- Mr. Aditya Gupta,
Advocate.
V/s
State and ors. .....Respondent(s)
Through:- Mr. S.S Nanda, Sr. AAG
CORAM : HON'BLE MRS. JUSTICE TASHI RABSTAN, JUDGE
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
1. The case of the petitioners is that they are owners in possession
of the land measuring 06 kanals 09 marlas underlying in khasra No. 199
min situated in Village Roun, District Udhampur.
2. The respondents, after fulfilling all the requisites in terms of
J&K Land Acquisition Act, 1990 (hereinafter referred to as "the Act")
acquired the land of the petitioners for construction of the Permanent
Battalion Camping Site at Village Roun, District Udhampur for
respondent No. 4. The compensation was also assessed at Rs. 20,70,000/-
(Rs. 10,35,000/- + Rs. 110, 35,000/-), which included the Jabrana also and
the total amount calculated in the award is Rs. 20,70, 000/- payable with
interest in terms of the Act and, accordingly, the final award has been
passed by respondent No. 3 vide award dated 15.05.2017. Despite the
final award, the petitioners were not paid their compensation of the land
acquired by the respondents. Accordingly, they approached to respondent
Nos. 2 and 3 by filing representations, however, nothing happened to the
representations. The petitioners left with no option but to file the present
petition seeking direction to the respondents to pay compensation to the
petitioners of their land measuring 06 kanals 09 marlas each under lying
in khasra No. 199 min situated at Village Roun, District Udhampur in
terms of the award dated 15.05.2017.
3. Objections have been filed by respondent No. 4, wherein he
has admitted the acquisition of the land and also contended that the award
amount in terms of the award has already been deposited before the
Collector, Land Acquisition, Additional Deputy Commissioner,
Udhampur. Collector Land Acquisition, Additional Deputy
Commissioner, Udhampur has filed an affidavit in the shape of objections
and admitted that the land falls under khasra No. 199 min measuring 1765
K-19M acquired by the CRPF Camp at Village Roun District Udhampur.
It is further stated that the said land has been recorded as Shamilat Deh
Hassb Rasad Khevat Maqbuza Malikan with kind of soil Gair Mumkin.
The Additional Deputy Commissioner, Land Acquisition, Udhampur
further deposed that since the land in question is a Gair Mumkin Phat, as
such, the petitioners are not entitled for the compensation because they
were not the owners and they are not in physical possession of the land
falling under Khasra No. 199 measuring 1765 K-19M. The affidavit
further refers a Circular No. Rev LB-10/80 dated 23.02.1980 which shows
that type of the land as Gair Mumkin Phat and compensation of such land
shall go to the State under proper head, therefore, the petitioners are not
entitled to any compensation. Therefore, the Collector, in his affidavit
further submitted that the compensation, if any, paid to the individuals in
violation of the rules is recoverable and, accordingly, initiated recovery
proceedings in terms of Recovery Notice dated 06.09.2018.
4. Mr. Vishal Sharma, learned ASGI admitted that the land in
question has been in their possessions and in terms of the award, the
compensation so assessed, has already been deposited to the Collector,
Land Acquisition concerned. Therefore, Mr. Vishal Sharma, learned
ASGI supports the final award. However, Mr. S.S Nanda, learned Sr.
AAG submitted that since the land in question has been recorded as Gair
Mumkin Phat and in terms of Circular No. Rev LB-10/80 dated
23.02.1980, the said land is a Government land, therefore, the petitioners
have no right to compensation.
5. Mr. Aditya Gupta, learned counsel for the petitioners
submitted that even if the land in question has been recorded as Gair
Mumkin Phat but once the final award has been passed, the official
respondents cannot raise the plea at this stage for not releasing the
awarded amount in favour of the petitioners. In support of the contention
of learned counsel for the petitioners, Mr. Aditya Gupta has referred a
judgment reported in Mohd. Sultan Khan and ors. Vs. State and of J&K
and ors ; 2014 (2) JKJ 6 HC. The relevant para No. 37 of the aforesaid
judgment supports the plea of the petitioners, which is reproduced
hereunder:-
37. Then the question arises whether the State / Collector can
challenge the title of the land owners or their right to receive
compensation after the final award is made under Section
12 of the Land Acquisition Act? As a matter of fact, learned
counsel for the petitioners, citing and relying upon the
judgments of the Supreme Court in Sharda Devi v. State of
Bihar, AIR 2003 SC 942 and M/s Ahad Brothers v. State of M.
P., AIR 2005 SC 355, and the judgment of the Allahabad High
Court in Baru Mal v. State of U. P., AIR 1962, Allahabad 61,
submitted that once final award is passed the State and / or
the Collector is debarred from challenging the title of the land
owners or their right to payment of compensation.
7. The issue with regard to the entitlement of the
compensation has been adjudicated upon in the award and the
judgment (supra) also supports the petitioners in this regard. We,
accordingly, allow the writ petitions and direct the respondents,
especially, the Collector, Land Acquisition, Udhampur to release the
award amount, if any, deposited by the Union of India in favour of the
petitioners strictly in terms of the award dated 15.05.2017. However,
the respondents are at liberty to avail remedy before the appropriate
forum, if any available, if they have grievance with regard to the relief
given to the petitioners in the award.
8. OWP No. 363/2018 stands Disposed of.
9. The other petitions bearing OWP No. 372/2018 and OWP
No. 373/2018 stand disposed of in the light of the order passed in
OWP No. 363/2018.
(Puneet Gupta) (Tashi Rabstan)
Judge Judge
JAMMU
09.08.2021
Tarun
Whether the order is speaking? Yes/No
Whether the order is reportable? Yes/No
TARUN KUMAR GUPTA
2021.08.16 10:26
I attest to the accuracy and
integrity of this document
