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2025 DIGILAW 79 (JK)

Sikindla Devi v. U. T. of J&K

2025-03-01

RAJNESH OSWAL

body2025
ORDER : 1. With the consent of learned counsel for the parties, the instant writ petition is taken up for final disposal. 2. The present writ petition has been filed by the petitioners with the following reliefs: a. Mandamus commanding the respondents to release the rest of the 20% of the total compensation, payable to the petitioners, on account of acquisition of their land falling under Khasra No. 370 and 371 of Village Bibrota Tehsil and District Ramban, for the construction of Baglihar Hydro Electric Project Chanderkote, District Ramban, at the prevailing market rate, as the same has been withheld by the respondents in an unreasonable and arbitrary manner. b. Mandamus commanding the respondents to pay interest to the petitioners for delayed release of 80% of total compensation, on account of acquisition of their land falling under Khasra No. 370 and 371 of Village Bibrota Tehsil and District Ramban, for the construction of Baglihar Hydro Electric Project Chanderkote, District Ramban. c. Any other order or direction which this Hon'ble Court deems fit and proper may kindly be issued in favour of the petitioner and against the respondents. 3. It is contended by the petitioners that their land was acquired in the year, 2005 but they were paid 80% of the total compensation payable to the petitioners only in the year, 2013 and the balance 20% amount of the compensation was not paid, which prompted the petitioners to approach this Court by way of present writ petition. 4. The respondents, though have filed the response separately, but their contentions are that it was the fault of the petitioners that they did not approach the respondents for payment of the balance amount despite repeated reminders. 5. Heard and perused the record. 6. It is the admitted fact that the 20% of the total compensation payable to the petitioners has not been paid to them and the respondents are denying the claim of the petitioners by submitting that they had informed the petitioners by issuing number of reminders calling upon the original owners for getting their compensation but the petitioners did not approach. 7. The respondents have placed on record the notice dated 13.12.2023, whereby the owners were called upon to collect the balance 20% of the compensation from the office of the Collectorate, respondent No. 3 herein. 7. The respondents have placed on record the notice dated 13.12.2023, whereby the owners were called upon to collect the balance 20% of the compensation from the office of the Collectorate, respondent No. 3 herein. The notice, being relied upon by the respondents for the purpose to demonstrating that the owners were intimated to get their balance amount i.e. 20% of the compensation, pertains to the month of December, 2023, whereas the present petition has been filed in the month of November, 2023 meaning thereby that notices were sent to the petitioners only after the instant writ petition was filed. 8. The amount which was due to the petitioners remained with the respondents since 2013 without any justification. 9. In view of this, this Court deems it proper to dispose of the present writ petition by directing the respondent No. 3 to make the payment of balance part of compensation i.e. 20% of the total amount of compensation due to the petitioner within a period of three months from today along with an interest at the rate of 6% from the date the amount was deposited by the Indenting Department with the Collector, respondent No. 3 herein till the amount is actually paid to the petitioners. 10. The other reliefs claimed by the petitioners are withdrawn by the counsel for the petitioners. 11. Disposed of.