Jammu & Kashmir High Court
Abdul Majid vs Sayed Abdid Rasheed Secretary on 7 May, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Sr. No. 3
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
(Through VC)
CCP(D) 15/2025
CM(2134/2025)
ABDUL MAJID ...Petitioner(s)/appellant(s)
Through: Mr. M.K. Sharma, Advocate
Vs.
SAYED ABDID RASHEED SECRETARY ...Respondent(s)
HEALTH AND MEDICAL DEPARTMENT
JAMMU AND OTHERS
Through: Mr. Raman Sharma, AAG.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
07-05-2025
1. Petitioner (Abdul Majid) had approached this Court vide SWP No.
714/2006, which was allowed by the learned Single Judge on 26.08.2014
and the respondents were directed to take steps for granting employment to
the petitioner in terms of SRO 181/1988.
2. Aggrieved by the said order and judgment, the respondents had
preferred an appeal (LPA No. 85/2021). For while pursuing the matter
before the Court, the petitioner had become age-bar to be considered for
appointment against any suitable post. However, since the land owned by
the petitioner was taken over and utilized by the respondents without there
being any formal acquisition, it was agreed that he is entitled to
compensation, in terms of provisions of J&K Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013.
3. Accordingly, the Coordinate Bench had disposed of the appeal on
21.08.2022 with the following observations: -
"5. We agree with the learned AAG that ends of justice would
meet if a direction is issued to the Collector Land Acquisition,
Poonch to initiate proceedings for formal acquisition of the land in
question in terms of the provisions of the Act and requisite award
for compensation in favour of the respondent is passed. Ordered
accordingly. We make it obligatory on the Department of Health
and Medical Education to put a formal requisition along with
requisite funds at the disposal of Collector Land Acquisition,
Poonch, so as to enable the later to proceed with the acquisition
proceedings in accordance with the provisions of the Act. Let
needful be done by the Department of Health and Medical
Education within four weeks from today and thereafter, the
Collector shall initiate and complete the proceedings under law
within the statutory period prescribed under the Act."
4. Ex facie, a period of nearly 3 years have gone by, and to date, the
order dated 21.08.2022 has not been complied with. Not just that, upon
being pointedly asked, learned counsel for the respondents fairly submits
that even the Department of Health and Medical Education has not
formally placed the requisition, as also the requisite funds at the disposal of
Collector Land Acquisition, Poonch, to enable him to initiate the
acquisition process.
5. At this stage, Mr. Raman Sharma, learned AAG, submits that in fact,
in compliance to order dated 21.08.2022 passed by this Court, he has
already filed statement of facts. However, no such response forms part of
the record. At any rate, he prays for and is granted one last opportunity to
seek specific instructions as to the precise time within which the order
dated 21.08.2022 shall be complied with in letter and spirit.
6. In the wake of assurance/statement made by the learned
counsel for the respondents, we defer the proceedings by a week, before we
proceed any further with the matter.
7. Meanwhile, the office is directed to ensure that the statement
of facts that is alleged to have been submitted is placed on record.
8. List on 15.05.2025.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE CHIEF JUSTICE
SRINAGAR
07-05-2025
Junaid
