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Judgment
The petition has been called out. No one has appeared for the petitioner.
Sh. S.S.Nanda, learned Senior Additional Advocate General appears for the respondents.
We have gone through the averments made in the writ petition and the objections filed thereto.
The petitioner by means of this writ petition is claiming direction upon the respondents to include his house and land measuring 2 ½ kanals falling in khasra No. 281 situate at village Mali Tehsil and District Udhampur in the final award or in the alternative to pass a separate award in respect of the said property, as the same has been acquired.
It is the allegation of the petitioner that the aforesaid property has been acquired for the construction of road from Mali to Jadsarkote under Prime Minister Grameen Sarak Yojana (PMGSY) Scheme but no compensation in respect thereof has been offered by the final award.
Respondent Nos.1, 3 and 4 by means of their objections have categorically denied the acquisition of said property. It is stated that the property of the petitioner is 15 meters away from the road and that no damage has been caused to the said property including the house.
The petitioner has not brought on record any material, not even the notifications issued for acquiring the land so as to prove that the above property of the petitioner stood acquired.
In view of the above facts and circumstances, as there is prima facie no material to show that the property of the petitioner has been acquired, the petitioner is not entitled to any compensation or to get it included in the award already passed or to have a separate award in respect thereof.
The writ petition is misconceived and is dismissed.