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2017 DIGILAW 155 (JK)

Suneet Sharma v. Mohd. Ashraf

2017-03-23

RAMALINGAM SUDHAKAR

body2017
JUDGMENT : 1. Heard Mr. Ehsan Mirza, learned Dy. AG and his enduring plea to release the respondent Nos. 1 and 2, i.e., Commissioner/Secretary to Government Revenue Department, Jammu and Kashmir Government, Civil Secretariat, Srinagar and Collector Land Acquisition, Thein Dam/Ranjit Sagar Dam Project, Basohli from contempt in a case of land acquisition, which happened in the year 1994 and despite more than 23 years having been passed, no compensation has been granted to this person. This is nothing, but travesty of justice. 2. In the order of the Court, it has been clearly mentioned that the respondent No. 2 having acquired the property as to ensure payment of compensation and take the money from the Government of Punjab in an appropriate manner. The petitioners cannot be made to wait on the plea that discussion is going on between the State of Jammu and Kashmir and the State of Punjab for release of amount. The petitioners cannot be at the mercy of the State that too for more than 23 long years with no compensation having given away the land in the acquisition proceedings. The Court does not find any reason to sympathize with the Government that it is an ordinate delay in paying the compensation. That too after a specific direction is passed by this Court in the order under contempt, which is dated 29th of December, 2015. 3. The question of getting the money from the Punjab Government and paying them as and when the amount is released would be a clear violation of the Court order and also a violation of law of acquisition and, therefore, considering an acceding to the plea of Mr. Ehsan Mirza, learned Dy. AG, the respondent Nos. 1 and 2 are granted time till 12th April, 2017 to settle the entire amount of compensation from the chequer of the State of Jammu and Kashmir, failing which they shall appear in person. No further indulgence will be shown in this matter. 4. Copy of this order be supplied to Mr. Ehsan Mirza, learned Dy. AG under the seal and signatures of the Bench Secretary of this Court.