Mohammad Fareed Khan vs Sehrish Asgar
2023 Latest Caselaw 934 j&K/2

                                                   S. No. 26
                                                   Regular matter
     HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                AT SRINAGAR
                                                       CCP(D) No. 31/2022

Mohammad Fareed Khan
                                                         .....Petitioner(s)

                       Through:       Mr. Rizwan, Adv.
     V/s
Sehrish Asgar                                            ..... Respondent(s)

                       Through:       Mr. Alaudin Ganai, AAG
                                      with Ms. Shaila Shameem, Adv.
CORAM:
           Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                  ORDER

11.08.2023

1. Statement of facts/compliance report stands filed on behalf of the

respondent. In the said report, the respondents have taken a stand that

the petitioner has been paid compensation in respect of land measuring

01 Kanal 09 Marlas in Khasra No. 1134 Min which is a proprietary land

of the petitioner whereas the petitioner is not entitled to any

compensation in respect of 01 Kanal 10 Marlas in Khasra No. 1132 Min

which is Shamilat Deh. However a perusal of the reply filed by the

respondents to the main writ petition reveals that they have admitted that

the land measuring 02 kanals 19Marlas in Khasra No. 1132 and 1134 has

been taken over by them and the land compensation case has been

processed @ Rs. 4.50 lacs during PNC Meeting held on 09.10.2014. In

the reply, it has been submitted that total cost of land worked out is Rs.

13.275 lacs out of which Rs 10.17 lacs has been deposited in the office of Page |2 CCP(D) No. 31/2022

Assistant Commissioner, Revenue Baramulla and the remaining amount

of Rs. 3.105 lacs could not be released due to non availability of funds

meaning thereby that the respondents are admitting that Rs. 3.105 lacs is

to be paid to the land owners.

2. In order to resolve the controversy and to determine whether the

judgment of the writ court has been complied by the respondents, the

record of the Collector relating to the acquisition of the land in question

is required to be perused so as to ascertain whether payment of

compensation as settled by the Collector for the land acquired has been

made to the petitioner in terms of the spirit of order dated 27.04.2022

passed by the writ Court.

3. In view of the above, learned counsel for the respondents is directed to

produce relevant record on next date of hearing and he may also file

better affidavit explaining the aforesaid stand

4. List on 20.09.2023.

(Sanjay Dhar) Judge SRINAGAR 11.08.2023 "Aasif"