Haji Mohd. Hussain And Others vs V.K Bhatia
2023 Latest Caselaw 1682 j&K

                                                                         Sr. No. 39

                HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT JAMMU

                                                       CPOWP No.7/2018


Haji Mohd. Hussain and others                                ....Petitioner(s)/Appellant(s)

                      Through :- Mr.Gagan Oswal, Advocate.

          V/s

V.K Bhatia, Defence Estate Officer and                                    ....Respondent(s)
another

                      Through :-   Ms. Monika Kohli, Sr. AAG for R-2.
                                   Mr. Sumant Sudan, Advocate vice
                                   Mr. Vishal Sharma, DSGI for R-1.

Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

                                       ORDER

19.08.2023

1. Instant contempt petition has been preferred for seeking

implementation of judgment dated 18.05.2017 passed by this Court in OWP

No.854/2012, wherein directions were issued to the respondents in the following

manner:

a) to pay to the petitioners the arrears of rent from 1993 till date within a period of two months along with interest at the rate of 6% from the date, they become due; and

b) to take immediate steps for either de requisitioning the property in question or for permanently acquiring the same in accordance with the provisions of law. This be done positively within a period of three months from today.

2. The latest status report has been filed on behalf of respondent No.1 in

which a specific stand has been taken in para 7 that the rental compensation

beyond 31.03.2019 was under consideration for release w.e.f 01.04.2019 to

30.09.2022 amounting to ₹41,506/- to Deputy Commissioner, Jammu for further

disbursement to the petitioners under cheque No.483452 dated 14.06.2023 vide

DEO Udhampur letter No. Stats/27/DEO/11 of 14.06.2023. The respondent No.1

has taken stand in the aforesaid status report that further rent as directed vide

judgment dated 18.05.2017 will be released regularly whenever due and

acquisition proceeding will be initiated to acquire the land as soon as IPA is

received from Army authorities in compliance to the court order in its letter and

spirit.

3. Learned counsel appearing for the petitioners submits that the amount

which has been assessed in the aforesaid paragraph of the status report is not

correct and the petitioners are entitled for enhanced amount. He is directed to file

a fresh representation with regard to exact calculation and amount which is

payable to petitioners and the respondents, as such, are directed to accord

consideration to the same strictly in accordance with law and as per the rules and

take a decision in this regard within two weeks and the decision which is likely

to be taken be conveyed to petitioners by post within one week thereafter,

positively.

4. Learned counsel for the petitioners further submits that the direction

passed by this Court with respect to de-requisitioning the property in question or

for permanent acquiring the same in accordance with the provisions of law, has

not been implemented as on date.

5. Mr. Vishal Sharma, learned DSGI assures the Court that the said

direction will be implemented in conformity with the order passed by this Court

dated 18.05.2017. In view of the assurance given by Mr. Vishal Sharma, learned

DSGI, nothing remains in this contempt petition to adjudicate further.

6. Accordingly, the proceedings initiated against the respondents in this

contempt petition are closed and rule if any, framed against them shall stand

discharged.

                                                    )    (Wasim Sadiq Nargal)
                                                               Judge
Jammu:
19.08.2023
Surinder