Om Parkash vs State Of J&K & Ors
2025 Latest Caselaw 1540 J&K

Jammu & Kashmir High Court

Om Parkash vs State Of J&K & Ors on 27 May, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                  Serial No. 10


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU

OWP No. 549/2019
CM No. 2641/2019[1/2019]
CM No. 483/2019


Om Parkash
                                      .....Appellant(s)/Petitioner(s)

                  Through: Mr. Ankur Sharma, Advocate

             Vs

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


                  Through:
                             Ms. Nazia Fazal, Assisting Counsel
                             vice Mrs. Monika Kohli, Sr. AAG

CORAM:    HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                         ORDER

(27.05.2025)

01. Heard Mr. Ankur Sharma, learned counsel for the

petitioner.

02. At one point of time this writ petition was connected with

WP(C) No. 2360/2021 which came to be disposed of on

02.03.2024.

03. Registry is directed to tag the record of said writ petition

WP(C) No. 2360/2021 with the present writ petition for

the facility of reference to the averments and the record of

said writ petition.

04. In addition, this Court directs the Deputy Commissioner,

Kathua to submit an affidavit as to the fact that in terms

of the award No. DCK/ADCK/LA/2013-14/87-92 dated

22.08.2013 passed by the Collector Land Acquisition,

Additional Deputy Commissioner, Kathua with respect to

acquisition of land measuring 35.08 kanals situated at

village Chak Sakta tehsil Kathua district Kathua for

which compensation amount of Rs. 1,69,53,852/- came

to be assessed as payable, how much amount of

compensation is lying in deposit with the Office of the

Deputy Commissioner, Kathua meant for disbursement

to the persons entitled to receive the compensation and

how much has been disbursed from the Office of the

Deputy Commissioner, Kathua.

05. Requisite affidavit to be submitted by or before the next

date of hearing failing which this Court shall be

constrained to direct personal appearance of the Deputy

Commissioner, Kathua bearing in mind the situation that

the expropriated owners of acquired land are being made

to beg for earning compensation meant to be payable to

them as a matter of right and course.

06. List in continuation on 01.07.2025.

07. Mr. Ankur Sharma, learned counsel for the petitioner is

directed to place on record the judgments relatable to the

entitlement of the tenants at will becoming beneficiaries

of mutation of ownership under Government Order No.

S-432 of 1966 being held to be entitled to the entire

amount of compensation as land owners and not in any

other capacity for lesser amount of compensation.

(RAHUL BHARTI) JUDGE JAMMU 27.05.2025 SUNIL