Custodian Evacuee Property vs Kewal Krishan Lekh Raj And Others
2024 Latest Caselaw 892 j&K

Jammu & Kashmir High Court

Custodian Evacuee Property vs Kewal Krishan Lekh Raj And Others on 2 May, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                           Serial No. 05


   HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT JAMMU
Case:-   MA No. 57/2008
         along with connected matters

Custodian Evacuee Property                         .....Appellant(s)/Petitioner(s)

                      Through: Mr. M.Y. Akhoon, Advocate.

                 Vs

Kewal Krishan Lekh Raj and others                            ..... Respondent(s)

                      Through: None.

Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                   ORDER

(02.05.2024)

By a common judgment dated 05.05.2004 on land acquisition

reference on file No. 5/L.A. Act of 1999, file No. 2/L. A. Act of 2001, file No.

4/Reference of 2002, file No. 5/L.A. Act of 2001, file No. 6/L.A. Act of 2001,

file No. 7/L. A. Act of 2001, file No. 02/L. A. Act of 2000, the reference court

came forward with an award holding the respective respondents in the civil

misc. appeals herein entitled to earn compensation assessed for the acquisition

of the evacuee lands in the respective possession which were acquired for the

defence purposes.

The reference court of the District Judge, Rajouri came to hold the

respondents in the said appeal entitled to receive compensation on account of

status of being occupancy tenants under section 3-A of the Agrarian Reforms

Act, 1976 and, thus, ruled out the entitlement of the Custodian Evacuee

Property, Rajouri to deny the occupancy tenants' entitlement to receive the

compensation.

along with connected matters

Against the aforesaid common judgment, the Custodian Evacuee

Property, Jammu came forward with seven appeals out of which appeal MA

No. 2000/2005 and MA No. 188/2006 have abated on account of demise of the

sole respondent thereby leaving five appeals on the docket of this Court.

Learned counsel appearing on behalf of the Custodian Evacuee

Property, Jammu submits that the mutations on the basis of which the

respondents were held entitled and enabled to earn compensation came to be

challenged by the Custodian Evacuee Property, Jammu before the appellate

authority under the Agrarian Reforms Act, 1976 but he is not aware of the latest

status of the said appeals.

Let the updated status of the aforesaid appeals if filed by the

Custodian Evacuee Property, Jammu be apprised to this Court on the next date

of hearing with respect to five cases which are pending on the docket of this

Court.

List on 30.05.2024.

(RAHUL BHARTI) JUDGE JAMMU 02.05.2024 Shivalee