Abdu Majid Khan And Ors vs State Of J&K And Ors
2023 Latest Caselaw 618 j&K/2

                                                        S. No. 35
                                                        Regular Cause List
       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR

                           OWP No. 754/2014

Abdu Majid Khan and Ors.                        ...Appellant/Petitioner(s)

Through: Mr. M. Y. Bhat, Sr. Advocate with
         Mr. Hamza Prince & Mr. Faizan Ahmad, Advocates
                                Vs.

State of J&K and Ors.                                    ...Respondent(s)

Through: Mr. T. M. Shamsi, DSGI with
         Mr. Yasmeen Akhter, Advocate
CORAM:
 HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
                                ORDER

19.05.2023

1. The short grievance of the petitioners is that the respondent no.4 in gross violation of Rules and Regulation and without any prior intimation to petitioners, has unlawfully occupied the land of petitioners by installing army tents.

2. In terms of order dated 03.05.2023, when the learned senior counsel for the petitioner referred to judgment dated 24the November 2020, passed by the Supreme Court in B. K. Ravichandra and Ors. v. Union of India and Ors, report in (2020) 13 SCALE 476, Mr. T. M. Shamsi, learned DSGI, sought time to report instructions in the matter from the respondents.

3. Respondents have filed response, wherein it is stated that after the abrogation of Article 370 of the Constitution of India, a meeting was held under the chairmanship of Joint Secretary on 05.01.2021, to discuss and explain the current status of the matters related to requisition/acquisition of lands for Defence purposes in U.T. of J&K after enactment of Jammu & Kashmir Reorganization Act, 2019. In the said meeting, it was decided that the bar of seventeen years (17 years) to release the requisitioned land prescribed under the Requisition and Acquisition of Immovable Property Act 1952 (Central Act) will apply to fresh acquisitions to be made under the said Act as the Act has been made applicable to the Union Territory of Jammu and Kashmir w.e.f. 31st of October 2019. The action taken under the Jammu and Kashmir Requisition and Acquisition of Immovable Property Act 1968 (now repealed) before its application to Union Territory of Jammu and Kashmir shall continue to be in force unless and until superseded by anything done or any action taken under the central law now extended. As such there is no need to make amendment in the Requisition and Acquisition of Immovable Property Act, 1952.

4. Learned counsel for the respondents, however, could not justify such stand. He has also referred to minutes of meeting, but could not justify how such minutes would override the judgment of the Supreme Court.

5. Having regard to the submissions made by learned counsel for the parties, coupled with the issue already considered and decided by the Supreme Court in above referred to judgment, this petition is disposed of with a direction to the respondents to proceed in the matter strictly in terms of the Supreme Court judgment within a period of four months. Till the decision is taken in the matter, the respondents shall pay rent to the petitioners as is being given to them.

(VINOD CHATTERJI KOUL) JUDGE SRINAGAR 19.05.2023 Manzoor