Mohammad Jamal Kaloo & Ors vs Union Territory Of J&K & Ors
2024 Latest Caselaw 105 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Jamal Kaloo & Ors vs Union Territory Of J&K & Ors on 19 February, 2024

Author: Chief Justice

Bench: Chief Justice

                                                                  Serial No. 02
                                                                  Regular.

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                              LPA No. 25/2014 in
                              WP (C) No. 955/2023
                               CM No. 560/2024.


      Mohammad Jamal Kaloo & Ors.
                                                                ...Petitioner(s)
            Through:     Mr Mir Majid Bashir, Advocate.

                                       VERSUS
      Union Territory of J&K & Ors
                                                               ...Respondent(s)
            Through:     Ms. Shaila Shameem, Assisting Counsel vice
                         Mr. Alla ud din Ganai, AAG.

CORAM:

              HON'BLE THE CHIEF JUSTICE.
        HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
                             JUDGMENT

19.02.2024

01. The short grievance projected by the appellants is that despite acquisition

of their land measuring 02 kanals covered under Survey No. 36 min situate at

Rakh Gundi Aksha, Bemina, Srinagar, in terms of the provisions of Jammu and

Kashmir Land Acquisition Act, 1990, (for short 'the Act') by the respondents,

subsequent passing of the award and enhancement of the award in terms of

Section 31 of the Act, the respondents despite having taking over the possession

of the aforesaid land have not satisfied the award strictly in terms of the

provisions of the Act. The appellants preferred a writ petition thereby claiming

compensation @ 20,000/- per kanal and 50% solatium and 10% interest w.e.f

19.06.1976 or in the alternative payment of compensation for the subject land under the provisions of Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Re-Settlement Act, 2013.

02. After arguing for a while, Mr. Mir Majid Bashir, learned counsel

appearing for the appellants submits that he will be satisfied if Executing Court

is directed to consider the aforesaid pleas raised before the Writ Court and also

in the present appeal.

03. Having regard to the limited nature of controversy involved, the present

appeal is disposed of by providing that Executing Court shall accord

consideration to all the pleas raised by the appellants before the Writ Court as

also in the present appeal in accordance with law within a period of eight

weeks' from the date a copy of this Judgement is made available to it.

04. Disposed of.

                         (Rajesh Sekhri)              (N. Kotiswar Singh)
                               Judge                      Chief Justice
SRINAGAR
19.02.2024
Showkat Khan