Syed Zubaida vs Dr. Pawan Kotwal And Others
2021 Latest Caselaw 40 j&K/2

                                                                  Sr. No. 207

            HIGH COURT OF JAMMU AND KASHMIR
                        AT SRINAGAR
                  (THROUGH VIRTUAL MODE)

                                             CPOWP No. 753/2013
                                             CM Nos. 5740 & 5741/2020
                                             CM No. 7630/2019
                                             IA No. (1/2016[01/2016])
                                             CM No. 5976/2019
                                             CM Nos. 6020 & 6021/2020
                                             CM No. 3707/2020

Syed Zubaida                                    .....Applicant(s)/Petitioner(s)

                        Through :- Mr. M.I. Dar, Advocate
                                     e




                V/s

Dr. Pawan Kotwal and others                                .....Respondent(s)

                        Through :- Mr. Irfan Andleeb Dy. AG
                                   for R-3 to 5

Coram:         HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                   ORDER

Vide order dated 04.11.2019, this Court had observed that in view

of the report of the demarcation prepared by the revenue officers 1. Tehsildar

Narbal, 2. Tehsildar Khansahib, 3. Naib Tehsildar Kralpora, 4. Naib Tehsildar

Kachwari, 5. Naib Tehsildar Narbal, 6. Girdawari Khansahib, 7. Girdwar

Beerwah, 8. Girdawar Narbal and 9. Patwari halqa Narbal, there is no option

left with the respondents but to implement in letter and spirit the judgment

dated 26.09.2013 with regard to compensation payable in favour of petitioner

for the land which is clearly defined in the demarcation report. The respondents

were accordingly directed to process the payment of compensation. However,

today learned counsel for the respondents Nos. 3 to 5 has again disputed the

demarcation report on flimsy grounds. The demarcation has admittedly been

conducted by the concerned revenue officers of the Government, who are the

proper and relevant authorities to undertake such an exercise. I do not find any

good ground to concede the request of respondent Nos. 3 to 5 with regard to

undertaking of fresh demarcation of the land.

Accordingly, it is directed that payment of compensation, if any, in

favour of petitioner be processed immediately in accordance with the

demarcation report already made by the revenue officers/officials. In case, the

needful is not done by or before the next date of hearing, the Chief Engineer,

Irrigation and Flood Control, Kashmir, shall remain personally present in Court

through VC.

List again on 15.04.2021.

(SANJAY DHAR) JUDGE

Jammu 03.02.2021 SUNIL-I

SHAMMI KUMAR 2021.02.06 13:06 I attest to the accuracy and integrity of this document