Krishan Lal And Others vs Vinod Kumar And Others
2021 Latest Caselaw 1778 j&K

                                                                        Sr. No. 5

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
CJ Court

Case: CPLPA No. 15 of 2016

Krishan Lal and others                                  .....Appellant/Petitioner(s)
                                Through :- Sh. Ajay Kumar, Advocate.

                          v/s

Vinod Kumar and others                                           .....Respondent(s)
                                Through :- Sh. S S Nanda, Sr. AAG for R-1 & 3.
                                           Sh. Ravinder Gupta, AAG for R-2 & 4.

      CORAM:
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                   ORDER

1. The present contempt proceedings have been initiated for the

violation of the judgment and order dated 19.11.2015 passed by the Division

Bench in LPA(OW) No. 5/2015.

2. The above judgment and order issues three directions. The first is

regarding identification and measurement of the land utilized for the

construction of the road in the year 1971-72; the second is to identify and

measure the land of the appellants utilized and rendered waste due to widening

of road in the years 2007-2009; and lastly, to initiate acquisition proceedings

for acquiring the above land of the appellants and to complete acquisition

proceedings, determine and pay the compensation to the appellants at the

market-rate with simple interest @ 6 per cent from such time till payment is

made to the appellants.

3. Sh. Nanda has filed statement of facts and according to the said

statement of facts, the process of acquisition was initiated and completed

whereupon a final award was made on 28.06.2016. The compensation as per

the said award was deposited with the Civil Court as a reference was made

under Section 31 of the J&K Land Acquisition Act, 1990.

4. Learned counsel for the appellants informs that the aforesaid

reference stands decided vide order dated 04.11.2021 and, as such, the amount

deposited before the Civil Court has been returned to the Collector and it has

not been paid to the appellants.

5. In view of the aforesaid facts and circumstances, it is clear that most

of the directions contained in the judgment and order dated 19.11.2015 have

been complied with except for the payment of compensation to the appellants

or the persons interested. This payment could not be made as there was a

dispute regarding apportionment/entitlement of compensation which was

referred under Section 31 of the Act but since the said dispute is already over,

the respondents cannot deny the appellants the payment of the said

compensation.

6. It is admitted to the parties that the compensation due to the

appellants as per the award was deposited by the Collector before the Court

and has now been returned to him. Therefore, the Collector/AC(R), Udhampur

is supposed to make the payment to the appellants in accordance with the

directions contained in the judgment and order dated 19.11.2015.

7. Accordingly, we direct the Collector/AC(R), Udhampur to make the

payment to the appellants in terms of the above order within a period of one

month from today and report compliance on affidavit to this Court immediately

thereafter.

8. The contempt proceedings are accordingly closed and the contempt

notices if any stand discharged.

                         (JAVED IQBAL WANI)                 (PANKAJ MITHAL)
                                    JUDGE                    CHIEF JUSTICE
JAMMU
29.12.2021
TILAK