Safiya Begum & Ors vs State Of Jk & Ors
2021 Latest Caselaw 1565 j&K/2

                                                     S. No. 16
                                                     After Notice Matters

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT SRINAGAR
                                                                OWP 1667/2013
                                                                    IA (1/2018)
                                                                            c/w
                                                               CCP (S) 218/2019

Safiya Begum & Ors.

                                                                   ...Petitioner(s)
                        Through:       Mr. J. H. Reshi, Adv.

      V/s
State of JK & Ors.
                                                                ...Respondent(s)
                        Through:       Mr. Usman Gani, GA

CORAM:
             Hon'ble Mr. Justice Sanjay Dhar, Judge.
                                   ORDER

03.12.2021

CCP (S) 218/2019

01. Vide Order dated 17.05.2017 passed by the Writ Court, the following directions were issued to the respondents:

8. "In the given circumstances of the case, I deem it appropriate to dispose of the writ petition by directing respondent No. 5 (Deputy Commissioner, Anantnag) to further enquire into the matter and if land fall under the possession of respondent-department, then process the case for by way of negotiation or in terms of provisions of Land Acquisition Act. Let this exercise be undertaken and completed within a period of six weeks from the date certified copy of this order, along with complete set of writ petition, is made available to him. Thereafter, compensation be paid to the petitioners for their acquired land by respondent department within a period of four weeks".

02. The aforesaid directions were not complied with by the respondents. Consequently petitioners were compelled to file the instant petition.

03. Status report on behalf of respondent No. 07- Deputy Commissioner, Anantnag stands filed. As per the status report, after undertaking an enquiry in terms of the order of the Writ Court, the land in question was found to be in possession of Wildlife Department and it was also found that the land belongs to the petitioners. Certain inter-departmental communications are stated to have been exchanged asking the indenting department to place an indent so that acquisition proceedings regarding the land could be initiated. Mr. Usman Gani, GA appearing for respondents submits that pursuant to these communications, Wildlife Warden has placed an indent with the Collector Land Acquisition, Anantnag. He has further submitted that compliance report on behalf of Wildlife Warden has been submitted somewhere in February, 2020, however, the same is not on record.

04. Be that as it may, the fact of the matter is that the judgment of the Writ Court has not been complied with so far inasmuch as neither the acquisition proceedings have been taken into its logical conclusion nor any compensation has been paid to the petitioners for the land that has been taken over by Department of Wildlife.

05. In this view of the matter, Registry is directed to issue a notice to present incumbents of the Offices of Deputy Commissioner, Anantnag and Wildlife Warden, Srinagar directing them to explain as to why they should not be proceeded in accordance with the provisions of contempt of courts.

06. List on 09.02.2022.

(Sanjay Dhar) Judge SRINAGAR 03.12.2021 "Amir"