Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 48 (JK)

Mohd. Shafi v. State of J&K

2017-02-03

RAMALINGAM SUDHAKAR

body2017
JUDGMENT : 1. Heard learned counsel for the petitioner, Mr. Bodh Raj Sharma and Ms. Mehvish Shah, learned Government Advocate for the respondents. With the consent of learned counsel for the parties, the matter is taken up for final disposal. 2. The petitioner claims to be owner and in possession of the land comprised under khasra No. 413 situated at village Movalkote, Tehsil, Gool, District, Ramban. It is stated that the respondents have acquired the said land in terms of the Land Acquisition Act, 1934 A.D. It is not in dispute that the award has been passed on 17.12.2011. Since section 17-A of the Act was invoked, 80% of the compensation was paid to the petitioner in the year 2016 only, whereas according to the petitioner, this amount should have been paid in the year 2011 itself. Further the balance amount has not been paid. The possession of the land has been taken in the year 2011 itself. The petitioner has been deprived of his lawful compensation in full and no interest has been paid on the amount paid after long delay. The balance amount has not been paid. Therefore, petitioner has filed this writ for a mandamus to direct the authorities to pay the balance amount with interest as aforesaid. 3. Petitioner has not approached the respondent No.3, Collector Land Acquisition, Gool for redressal of his grievance and there is no representation to this effect. There has to be demand in the first place. 4. In this view of the matter, if the claim of the petitioner is justified and if there is a shortfall in compensation or the interest, petitioner is at liberty to put forward his claim by way of a representation to the respondents within two weeks from the date of receipt of a copy of this order. Petitioner to enclose the details of the calculation the basis on which, he claims the balance also the plea for interest on delayed payment. 5. On such a representation being made along with a copy of this order, the authority/respondent No. 3 is directed to accord consideration to the claim of the petitioner within a period of six weeks thereafter. This writ petition is disposed of as above.