High CourtsSingle Bench(2019) 12 J&K CK 0014

Abdul Hamid Awan vs State Of Jammu And Kashmir & Ors

Jammu And Kashmir High Court · Decided on 7 December 2019

HON’BLE JUDGES
Ali Mohammad Magrey, J
RESULT
Disposed Of
CASE NUMBER
Others Writ Petition (OWP) No. 501 Of 2019, Writ Petition (C) No. 1333 Of 2019

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Judgment

9 paragraphs · 379 words

Ali Mohammad Magrey, J

Steps for effecting service upon the respondents not taken.

In the instant petition, the petitioner prays for the following reliefs:

(i) ISSUE a Writ of Mandamus, commanding the respondents not to interfere with the peaceful possession of the land of the petitioner measuring 9 kanals 12 marlas falling under survey No. 527 situated at Kandi Payeen Tehsil Karnah District Kupwara and consequently not to dispossess the same without adhering due process of law as envisaged under the statutory provisions of Jammu & Kashmir Land Acquisition Act and pay proper compensation in favour of the petitioner as per market value.

(ii) ISSUE A WRIT OF MANDAMUS: commanding the respondents to initiate land acquisition proceedings in respect of the land of the petitioner measuring 9 kanals 12 marals marlas falling under survey No. 527 situated at Kandi Payeen Tehsil Karnah District Kupwara and consequently pay proper compensation as per market value in favour of the petitioner.

(iii) ISSUE A WRIT OF MANDAMUS: commanding the respondents to pay compensation as per market value to the petitioner in respect of land measuring 9 kanals 12 marals marlas falling under survey No. 527 situated at Kandi Payeen Tehsil Karnah District Kupwara, which is being forcibly taken by the respondents.

(iv) ISSUE A WRIT OF MANDAMUS: commanding the respondents to pay the petitioner the compensation alongwith 18% interest for the land measuring 05 kanals under survey No. 527 situated at Kandi Payeen Tehsil Karnah District Kupwara, which has been forcibly taken by the respondents for which the respondents have constructed road from Kandi Payeen to Jawda over the said land.

(v) Any other relief, order of direction which this Hon'ble Court may deem fit and proper may also be granted in favor of the petitioners and against the respondents.

In view of nature of relief claimed in this petition, no useful purpose can be achieved by keeping the instant petition pending, therefore, same shall stand disposed of by granting liberty to the petitioner to file a detailed representation before the Deputy Commissioner, Kupwara-Respondent No. 6, on the subject who shall consider and pass appropriate order thereupon after hearing the petitioner, in accordance with the rules governing the subject. Till the representation of the petitioner is decided, he shall not be dispossessed.