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2025 DIGILAW 110 (JK)

Kewal Singh v. U. T. of J&K

2025-03-07

RAJNESH OSWAL

body2025
ORDER : 1. With consent of the learned counsel for the parties, the writ petition is taken up for final disposal. 2. In the present petition, the respondent Nos. 1, 5, 6 and 7 without acquiring and paying any compensation of the land to the petitioners, have utilized their land for construction of road from Galli to Dhurial via Panchal, in Panchayat Kanthi, Tehsil and District Ramban, detail whereof is given below: S.No. Name of petitioners Land Measuring K/M Khasra No. Fruit bearing trees Non-fruits bearing trees Structure Damaged 1. Kewal Singh 1 K 606 10 15 2. Anchal Kumar 3 K 862 50 Cowshed 3. Veer Vikram 2 K 68 25 50 4. Dina Nath 1 K 263 10 10 5. Surjeet Singh 1 K 95 15 6. Chail Singh 2 K 105, 199, 223 15 8 7. Ganesham Singh 1 K 109 10 8. Chain Singh 2 K 206 15 5 Cowshed two structure 9. Ashok Singh 2 K 209 30 House damage 10. Pawan Singh 2 K 225 20 11. Nasib Singh 2 K 266, 269, 251 30 70 Temple 12. Chain Singh 1 K 267 100 15 Water Pond 13 Pawan Singh 10 M 254 12 25 14. Nain Singh 1 K 253 10 5 15. Buri Singh 1 K 274 10 5 16. Lachman Singh 1 K 302 5 15 17. Tribath Singh 1 K 301 5 10 18. Prithvi Singh 10 M 233 6 8 19. Pritam Singh 1 K 525 10 20. Sandoor Singh 1K 596 50 100 House Damaged 21. Chuni Lal 5 K 596 20 20 One double story damaged 22. Amar Singh 1 K 1213 30 10 House damaged 23. Om Singh 561 24. Surjeet Singh 1K 588/1 15 25. Hans Raj 1 K 586 5 10 26. Manjeet Singh 3 K 1157, 1160 ? 20 27. Bhuri Singh 1 K 274 10 5 28. Gulam Mohd 5 K 488 9 2 29. Anchal Singh 1 K 303 10 15 30. Brij Lal 1 K 303 10 20 31. Tirath Singh 1 K 137 5 15 House damaged 32. Prem Singh 2 K 864 33. Rajesh Singh 10 M 222 10 8 3. 20 27. Bhuri Singh 1 K 274 10 5 28. Gulam Mohd 5 K 488 9 2 29. Anchal Singh 1 K 303 10 15 30. Brij Lal 1 K 303 10 20 31. Tirath Singh 1 K 137 5 15 House damaged 32. Prem Singh 2 K 864 33. Rajesh Singh 10 M 222 10 8 3. It is urged by the petitioners that the respondents No. 1, 5, 6 and 7 be directed to place the indent for acquisition of land for construction of road from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District Ramban in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act/Rules (for short “the Act of 2013”). Further prayer has been made for directing the respondent Nos. 2, 3, 4, 8 and 9 to complete the process of acquisition of land and disbursement of compensation in terms of the Act of 2013. 4. The respondent Nos. 1, 5, 6 and 7 have filed the response stating therein that the DPR for the construction of link road from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District Ramban (under NABARD RIDF XXVIII) was prepared on the persistent demand of public of area with agreed conditions that the land owners will provide land free from all encumbrances, which is pre-requisite condition for the sanction of road under NABARD as per the Circular No. 01 PW(R&B) of 2021 dated 12.04.2021 issued by the Director Finance, Public Works (R&B) Department. The road was sanctioned under NABARD RIDF- XXVIIII on 14.03.2023 for a length of 05.00 kilometres and accordingly the work was commenced on 14.11.2023.It is further stated that the petitioners agreed to provide the land free from all encumbrances and submitted a resolution to the office of Executive Engineer, PWD(R&B) Division Ramban duly signed by the locals of the area and DDC, Ramban including the petitioners. Further, the road stands completed up to RD km 4/600 against the length of 05.00 km. Further, no objection was received from any of the residents of the villages that they had any objection in providing the land free of cost and after the completion of the work, the petitioners have filed the present petition and as such, they are not entitled to any compensation. Further, no objection was received from any of the residents of the villages that they had any objection in providing the land free of cost and after the completion of the work, the petitioners have filed the present petition and as such, they are not entitled to any compensation. It is further averred that as per the Circular dated 12.04.2021, compensation in lieu of land can be considered in case 80% or above land of an individual is involved or house of family comes in the alignment of the road on case-to-case basis. 5. The respondent No. 2, 3, 4 and 8 have also filed the response stating there in that DPR of the road was framed on the persistent demand of the public of the area with agreed condition that the land owners will provide land free from all encumbrances which is pre-requisite condition for the sanction of “Gali to Dhuril via Pachal road” in Panchayat Kanthi, Tehsil and District Jammu under NABARD as per the Circular No. 01 PW(R&B) of 2021 dated 12.04.2021 issued by the Director Finance Public Works (R&B) Department. The respondent Nos. 2, 3, 4 and 8 have in fact reiterated the defence of the other respondents as mentioned above in their response. In addition, the respondent Nos. 2, 3, 4 and 8 have submitted that directions have been issued to Executive Engineer, PWD(R&B) Division Ramban that where the damages have been caused on the part of the of the contractor, such individuals should be compensated, and protection was also provided to avoid any further damage. It is also stated that the compensation for the damaged structure of petitioner No. 31 should be paid to him. 6. Mr. Rajdeep Singh Thakur, learned counsel for the petitioners submits that the aforementioned road could not have been constructed on the land owned and possessed by the petitioners except in accordance with law and Circular No. 01 (supra) cannot override the constitutional rights of the petitioners, therefore, the respondents cannot have refuge under circular No. 01 of 12.04.2021 (supra) for the purpose of denying compensation to the petitioners under the Act of 2013. He has prayed the deletion of respondent No.9 from the array of the respondents. 7. Mr. He has prayed the deletion of respondent No.9 from the array of the respondents. 7. Mr. Ravinder Gupta, learned counsel for the respondents No. 1, 5, 6 and 7 has submitted that the petitioners had themselves, volunteered for construction of the aforementioned road on their proprietary lands without compensation and they had signed on the resolution as well, therefore, they are estopped from claiming any compensation. She has further laid much stress upon the circular No. 01 of 12.04.2021 (supra) to demonstrate that the road was sanctioned only when the condition contained in the Circular (Supra) with regard to non-claiming of compensation was fulfilled. 8. Ms. Monika Kohli, Sr. AAG has also towed the line of arguments of Mr.Ravinder Gupta. 9. Heard and perused the record. 10. The sole ground on which the claim of the petitioners for grant of compensation is being denied by the respondents is that the petitioners had, in fact, donated the land free of cost for raising construction of road and in terms of Circular No. 01 of 12.04.2021 issued by the PWD(R&B) Department, the land should be free from all encumbrances and the land compensation can be considered only in case 80% or above land of an individual is involved or house of family comes in alignment of the road on case-to-case basis. 11. The Respondents have not denied the ownership of the land of the petitioners. The Circular No. 01 dated 12.04.2021(supra) cannot be made a basis for the purpose of denying the compensation to the petitioners in respect of their land consumed by the respondents for the purpose of constructing road from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District Ramban. 12. In terms of Article 300-A of the Constitution, no person can be deprived of his property except in accordance with law, meaning thereby that the right to property though not being a fundamental right continues to be a constitutional right. 13. The above said Circular issued by the PWD(R&B) Department cannot override the constitutional right of the petitioners and as such, is required to be ignored and cannot be pressed into service for denying the petitioners of their right to compensation in lieu of the land utilized by the respondents for the construction of Road from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District Ramban. 14. 14. Next, it is contended by the respondents that the petitioners once have signed the resolution, they are estopped from claiming any compensation in lieu of their land, which they voluntarily offered for the purpose of construction of Road from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District Ramban. The respondents have annexed the resolution dated 14.05.2023 on record and the contents of the same are extracted as under:- “Today on 14.05.2023, a meeting was held at Ward No. 5, Pachal Panchayat Kanthi in which prominent people of village Kanthi and Panch of Ward No. 5 and 2 participated. The agenda of the meeting was the construction of road recently sanctioned by the Government that in meeting it was decided that the road will be constructed through Pachal Mohra and the people of Ward No. 5 Pachal and Ward No. 2 Dhuril have no objection in the construction of the road as per government rules and regulations. That all the people and residents of the above said have no objection in construction of road through their land as per law and norms of the Government of U.T. of J&K.” Hence, the signatures of residents of Pachal and Dhuril of villageKanthi a-re as under: 1. Sh. Tirath Singh S/o Sh. Gian Chand' 2. Sh. Veer Vikram Singh S/o Sh. Bharat Singh. 3. Sh. Dina Nath S/o Sh. Shivditta. 4. Sh. Kali Singh S/o Sh. Choor Singh. 5. Sh. Sarjeet Singh S/o Sh' Choor Singh” 15. There is no whisper in the resolution that the petitioners are offering their land voluntarily, thereby waiving off their right to claim compensation for the same. Even otherwise demanding such type of resolution amounts to blackmailing the poor residents of the village, who are virtually forced by the respondents to forego their rights of compensation over the land owned and possessed by them only for the purpose of getting road connectivity to their villages. This action of the respondents is in antithetic to the very concept of a welfare state. 16. In view of the above, this Court is of the considered view that the petitioners have every right to receive the compensation in lieu of their lands consumed by the respondents for the purpose of construction of road from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District, Ramban. 16. In view of the above, this Court is of the considered view that the petitioners have every right to receive the compensation in lieu of their lands consumed by the respondents for the purpose of construction of road from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District, Ramban. Accordingly, it is directed that the respondents shall initiate and complete the acquisition proceedings in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act/Rules for grant of compensation to the petitioners in lieu of their lands consumed by them for constructions of road from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District Ramban and pay due compensation to them in accordance with law. The entire exercise be completed within a period of six months from the date a copy of this order is available with the respondents. The respondent No.9 is deleted from the array of the respondents in view of the statement made by the learned counsel for the petitioners. 17. Disposed of.