Jammu & Kashmir High Court
Rakesh Khajuria And Others vs Union Of India And Others on 3 September, 2021
27
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 631/2021
CM No. 2863/2021
Rakesh Khajuria and others .....Appellant(s)/Petitioner(s)
Through: Mr. Rakesh Khajuria, Advocate
Versus
Union of India and others ..... Respondent(s)
Through: Mr. S.S. Nanda, Sr. AAG for
respondent Nos. 4 to 6
Mr. Vishal Sharma, ASGI for
respondent Nos. 1 to 3
HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
CORAM:
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
Learned counsel for the parties stated at the bar that the case in
hand is squarely covered by the judgment dated 23.08.2021 passed by a Division
Bench of this Court in WP(C) No. 1727/2020 along with connected matters. The
relevant para No. 6 is reproduced as under:-
"6 Indisputably, the lands belonging to the petitioners are under
the occupation of respondent Nos. 4 to 9 for the last several
decades on payment of rent. Requisition of property under
the Requisitioning and Acquisition of Immovable Property
Act is resorted to only when the land is required for
temporary purpose. In the instant case, the lands belonging
to the petitioners are under occupation of respondent Nos. 4
to 9 for several decades and the respondents have
themselves admitted that the need of these lands is
permanent and, therefore, these lands are required to be
formally acquired. There is no dispute that the respondents
have acted in this direction and have even obtained the
requisite sanction from the competent authority to acquire
these lands. However, the pace with which the respondents
are moving is far from satisfactory. The respondents, if one
may say, are proceeding at snail's pace and this is at the cost
of the petitioners. Be that as it may, the respondents cannot
be permitted to slumber over the matter and need to act with
promptitude and without any further waste of time. These
writ petitions are, therefore, disposed of by directing as
under:
(i) respondent Nos. 4 to 9 shall, within a period of two
weeks from today, convey to the revenue authorities
of the UT of J&K to provide them the requisite record
like Khasra plan, Girdawari, Jamabandi, Missal
Haqeeqat etc.. The Deputy Commissioner, Udhampur
shall respond to the request of respondent Nos. 4 to 9
within a period of two weeks from the date of receipt
of such request and;
(ii) Respondent Nos. 4 to 9, after having received the
requisite documents from the Deputy Commissioner,
Udhampur, shall proceed in the matter and place the
matter before the Board for requisite decision. They
shall do well to complete the whole exercise
including obtaining sanction from the competent
authority for release of requisite amount for payment
of compensation for the lands proposed to be
acquired and also placing formal indent with the
concerned Collector, Land Acquisition within a
period of two months thereafter. The Collector Land
Acquisition, on receipt of indent, shall immediately
proceed with the acquisition proceedings strictly in
accordance with law in force.
Therefore, in view of the above, this writ petition is disposed of on
the same lines and directions as have been passed in aforesaid judgment dated
23.08.2021. This order shall form part and parcel of the aforesaid judgment
dated 23.08.2021.
Disposed of as above along with connected CM(s).
Jammu (Puneet Gupta) (Tashi Rabstan)
03.09.2021 Judge Judge
Pawan Angotra
Whether the order is speaking? : Yes/No
Whether the order is reportable? : Yes/No
PAWAN ANGOTRA
2021.09.06 10:52
I attest to the accuracy and
integrity of this document
