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2018 DIGILAW 396 (JK)

Sewa Dass v. Union of India

2018-06-06

SANJAY KUMAR GUPTA

body2018
JUDGMENT : 1. Through the instant writ petition, petitioners seek the following reliefs:- “(1) Mandamus –directing the respondents to pay the rental compensation to the petitioners for the period of 2010-2018 at the market rte with respect to the suit property in terms of Requisition and Acquisition Act with the interest. (2) Mandamus-commanding the respondents to pay the petitioners compensation with respect to the land acquired by the respondents at the rate assessed by the re venue agencies i.e., Rs. 6 lacs per kanal or in the alternative in terms of the rate fixed vide Order No. Div Com (1) 01 of 2010 dated 24.12.2010. (3) Mandamus- commanding the respondents to pay the arrears of compensation be paid to the petitioners with interest at the rate of 18 % per annum with effect from 2018 till its realization.” 2. The case of the petitioners is that they are the owners of the land situated within the Municipal Limits of Tehsil Akhnoor and the said land has been acquired by the respondents under the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property, Act, 1968 and till 2010 the rent of the land has been paid to the petitioners. It is pleaded that the said land was finally acquired by the respondents in the year 2017 and the proposed rate of the land was assessed by the respondents as Rs. 6 lacs per kanal, but at the time of making the payment the compensation at the rate of Rs. 3.5 Lacs per kanal has been paid to them without any reasonable justification. It is further pleaded that since 2010 till 2017, the rent of the land has also not been paid to the petitioners despite repeated representations. 3. Learned counsel for the petitioners states that on 9.05.2014, the matter was placed before the Committee headed by respondent No. 5 and rate of land under acquisition for village Manda was approved as Rs. 3.50 lacs. Thereafter, vide communication dated 26.02.2015 of the Principal Director Defence Estates addressed to respondent No. 2-Director General Defence Estates, sanction was sought for the acquisition of the land at the rate of Rs. 3.50 Lacs per kanal. It is further states that on the approval from the Ministry of Defense, the D.E.O Udhampur, the payment at the rate of Rs. Thereafter, vide communication dated 26.02.2015 of the Principal Director Defence Estates addressed to respondent No. 2-Director General Defence Estates, sanction was sought for the acquisition of the land at the rate of Rs. 3.50 Lacs per kanal. It is further states that on the approval from the Ministry of Defense, the D.E.O Udhampur, the payment at the rate of Rs. 3.50 lacs per kanal was transferred in the account of the petitioners without their consent and that the petitioners though received the said amount under protest, but was disagreed with the said assessment rate of compensation, therefore, under Section 8 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property, Act, 1968 the petitioners moved an application for appointment of the Arbitrator. It is stated that the said application has not been accorded consideration and the respondents have not appointed any arbitrator. 4. After hearing for a while, Mr. P. S. Pawar, learned counsel for the petitioners submits that the petitioners would feel satisfied, if Deputy Commissioner, Jammu is directed to decide the application of the petitioners moved for appointment of arbitrator in terms of Jammu and Kashmir Requisitioning and Acquisition of Immovable Property, Act, 1968 and for release the due rent in favour of the petitioners as per the Act, within some stipulated time. Submission made is considered. There is no legal impediment in granting such relief. 5. Mrs. Sindhu Sharma, learned ASGI appearing for the respondents-Union of India states that she has no objections, in case, submission of learned counsel for the petitioners is allowed. 6. In this view of the matter, the instant writ petition is disposed of by given liberty to the petitioner to make a detailed representation before respondent No. 5-Deputy Commissioner, Jammu. On such representation being filed, respondent No. 5-Deputy Commissioner, Jammu shall accord consideration to the same in terms of Jammu and Kashmir Requisitioning and Acquisition of Immovable Property, Act, 1968 for appointment of arbitrator and for release of due rent in favour of the petitioners and dispose of the same expeditiously, preferably within a period of four to six weeks from the date of receipt of representation alongwith copy of this order. 7. With the aforementioned observation, the writ petition is disposed of along with connected MP.