Jammu & Kashmir High Court - Srinagar Bench
Director vs Showkat Ahmad And Ors on 1 July, 2021
Sr. No. 211
Advance List
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(Through Virtual Mode)
OWP no. 994/2017
Director, Urban Local Bodies ...Petitioner(s)
Through: Mr. Rais-ud-din Ganie
Vs.
Showkat Ahmad and ors. ...Respondent(s)
Through: None.
Coram:HON'BLE THE CHIEF JUSTICE
HON'BLE MR JUSTICE SANJAY DHAR
ORDER
01.07.2021
1. Heard learned counsel for the petitioner.
2. The petitioner has preferred this writ petition challenging the
acquisition proceedings initiated for derivation of the compensation as
awarded by the Principal District Judge, Anantnag.
3. It appears that land acquisition reference File No. 8/2008 titled
Showkat Ahmad and ors. v. District Collector (Deputy Commissioner),
Anantnag, under Section 18 of the Land Acquisition Act was decided by
the Principal District Judge, Anantnag vide judgment and order dated
20.06.2016 holding that the claimants are entitled to compensation @ Rs.
30,000/- per Marla for the acquired land plus 15% Jabirana and interest
@6% p.a from the date of taking possession till the final liquidation of the
awarded amount and a cost of Rs. 25,000/- was also awarded.
YASMEEN RASHID
2021.07.02 11:29
I attest to the accuracy and
integrity of this document
4. Since the above compensation as awarded by the Principal District
Judge was not paid, the claimant moved execution petition titled Peer
Showkat Ahmad and ors. (decree holders) v. Collector Land Acquisition,
Anantnag and another (judgment debtors). The Executing Court in the said
execution has passed an order dated 24.04.2017 directing the Director
Local Bodies, J&K, Srinagar one of the judgment debtor to attend the
Court for being orally examined as to any debt/s owing to them as also
their property/means of satisfying the decree in question with liberty to him
to make an affidavit stating the particulars of the assets in their official
capacity and submit the same before the Court by or before the date of
hearing. The aforesaid order has been passed by the Executing Court only
to ensure compliance of the judgment, order and decree passed by the
Principal District Judge, Anantnag and to recover the amount of
compensation awarded from the assets of the judgment debtors.
5. We do not find any error or irregularity on part of the Executing Court
in compelling the judgment debtors in either filing affidavit or to appear
before the Court to ascertain means to satisfy the decree. Moreover, the
judgment, order and decree passed by the Principal District Judge,
Anantnag is intact and has not been set aside or stayed by any higher court
as the appeal preferred by the judgment debtors though pending but
admittedly without any interim order therein.
6. In view of the above, the judgment debtors including the petitioner
herein are liable to satisfy the decree There is no good ground for
interference by us in exercise of extra-ordinary jurisdiction.
YASMEEN RASHID
2021.07.02 11:29
I attest to the accuracy and
integrity of this document
7. The petition, as such, is misconceived and devoid of merit. It is
accordingly dismissed.
8. Record of the appeal be sent back.
(SANJAY DHAR) (PANKAJ MITHAL)
JUDGE CHIEF JUSTICE
SRINAGAR
01.07.2021
Yasmeen, PS
YASMEEN RASHID
2021.07.02 11:29
I attest to the accuracy and
integrity of this document
