High CourtsDivision Bench(2022) 04 J&K CK 0075

Ghulam Mohi Ud Din vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 28 April 2022

HON’BLE JUDGES
Pankaj Mithal, CJ · Moksha Khajuria Kazmi, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 346 Of 2022

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Judgment

7 paragraphs · 248 words
1.

Heard Sh. Naveen Dutt, learned counsel for the petitioner.

2.

Sh. S.S.Nanda, learned Senior Additional Advocate General has appeared for the respondents.

3.

The petitioner is claiming compensation in respect of some land as part of his land was acquired way back in the year 2003. According to the petitioner, out of 21 marlas of land, 15 marlas was acquired leaving 06 marlas with the petitioner which has been rendered totally useless for him.

4.

The petitioner has been paid compensation of the acquired land along with the trees and the structure standing over it as per the award. He wants compensation for the remaining 06 marlas of land also, as it has been rendered useless.

5.

The fact remains that the aforesaid 06 marlas of the land belonging to the petitioner has not been acquired. Therefore, he has rightly not been offered any compensation in the award.

6.

Since 06 marlas of land has not been acquired, the petitioner is not entitled to compensation in respect of it. In case, he has suffered any damage or loss on account of acquisition of the other part of the land, the remedy lies somewhere else, may be by a suit for damages and the writ petition for the above purpose is not an appropriate remedy.

7.

In view of the aforesaid facts and circumstances, the writ petition lacks merit and is dismissed with liberty to the petitioner to avail any other remedy that may be advised to him.