Sheela Devi And Others vs Sanjeev Verma
2023 Latest Caselaw 2389 j&K

                                                                       Sr. No. 41

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

Case : CPOWP No. 258/2018


Sheela Devi and others                            .....Petitioner(s)

                        Through :- Mr. Jyoti Sarup, Advocate.

                   Vs

Sanjeev Verma, Div.Com. Jammu                     .....Respondent(s)

                        Through :- Ms. Monika Kohli, Sr. AAG.

CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
                                    ORDER

30.10.2023

1. Learned counsel for the respondent has filed the statement of facts on 06.06.2023 stating therein that the respondent herein has issued communication to the Director, Rural Development Department, Jammu to intimate as to whether the department has implemented the judgment of this Court or not. It is further stated that the Director, Rural Development Department vide letter No. DRDJ/Court/2020-21/27116- 18 dated 30.12.2020 intimated to the respondent that it is an established practice that the Rural Development Department does not acquire the land for construction of its assets, but does the same on the land donated by the individual of the Panchayat concerned for the welfare of the Village.

2. It is further submitted that the Community Hall has been constructed by the Rural Development Department and the land acquisition process has to be initiated by the intending department. The intend has to be placed before the District Collector and after completion of acquisition process, the intending department has to pay the compensation to the owners of the land.

3. It is also stated that the Divisional Commissioner, Jammu had conveyed to the Director Rural Development Department, Jammu to initiate the acquisition process and place the indent before the Collector for the acquisition of the land in question. The Rural Development Department,

Jammu in response to the said letter has preferred LPA against the judgment passed by this Court.

4. Mr. S.S.Nanda, learned Senior Additional Advocate General is directed to report as to whether any interim direction has been passed in LPA No. 07/2023 filed by the Rural Development Department. However, it is made clear that in case learned Senior Additional Advocate General fails to report instructions on the next date of hearing, coercive measures shall be taken against the respondent.

5. List on 10.11.2023.

(MOKSHA KHAJURIA KAZMI) JUDGE Jammu :

30.10.2023 Pawan Chopra

PAWAN CHOPRA 2023.10.31 14:52 I attest to the accuracy and integrity of this document