Mohammad Shafi Makhdoomi And Anr vs Nayeem Khan And Others
2021 Latest Caselaw 1019 j&K/2

                                                                                   S. No. 32
                                                                                   Before Notice (S)
                               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                                AT SRINAGAR
                                               CCP (D) no. 29/2021

      Mohammad Shafi Makhdoomi and anr.
                                                                              .... Petitioner(s)
                                            Through:     Mr Altaf Haqani, Sr. Advocate with
                                                         Ms Rabia, Advocate
                                                         V/s
      Nayeem Khan and others
                                                                             ... Respondent(s)
                                             Through:    Mr B. A. Dar, Sr. AAG
      CORAM:
                       Hon'ble Mr Justice Ali Mohammad Magrey, Judge
                        Hon'ble Mr Justice Vinod Chatterji Koul, Judge
                                                   ORDER

07.09.2021 Magrey, J. (Oral) Petitioners allege violation of final order/ judgment passed by the Division Bench of this Court on 29.03.2021, in terms whereof, this Court, while allowing the writ petition, had quashed the notification issued under Section 4 (1) of the J&K Land Acquisition Act with further direction to respondents to issue fresh process for acquisition of land which is subject matter of the writ petition in accordance with the law and the rules governing the subject to ensure adequate compensation to the petitioners.

Mr Haqani, learned senior counsel, submits that the order has not been complied with. To substantiate such contention, the learned senior counsel, has placed on record the photographs reflecting the respondents to be holding the property. He submits that the property is being held in disregard of the judgment of this court without assessment and payment of compensation.

Let respondents 2 and 3 appear in person to explain as to what steps have been taken for acquisition of the property in tune with the directions passed in the judgment dated 29.3.2021.

Registry to convey the order to respondents for compliance. List on 21st September, 2021.

                                (Vinod Chatterji Koul)             (Ali Mohammad Magrey)
                                               Judge                            Judge
      Srinagar
AMJAD     AHMAD LONE
       07.09.2021
2021.09.07 15:31
       Amjad      Lone PS
I attest to the accuracy and
integrity of this document