AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Sh. Ajay Kumar, learned counsel for the petitioner.
Sh. S.S.Nanda, learned Senior Additional Advocate General appears for the respondents.
The petitioner has invoked the writ jurisdiction of this Court for a direction upon the respondents to pay interest @ 10% as envisaged under Section 35 of the Jammu and Kashmir Land Acquisition Act (for short ‘the Act’) from the expiry of one year from the date of possession of the land till its actual disbursement.
There is no dispute to the fact that the final award in respect to the acquisition in question was passed under Section 11 of the Act on 06.10.2012. The Collector offered the market rate of the acquired land and 15% Jabrana (Solatium) by means of the aforesaid award. The petitioner has accepted the aforesaid award and has withdrawn the compensation in the year 2016.
In the event, the petitioner is not satisfied by the aforesaid award either on account of low market value, less the Jabrana and non-payment of interest as provided under Section 35 of the Act, he can proceed and seek a reference under Section 18 of the Act rather than approaching this Court for a direction.
In view of the aforesaid facts and circumstances, we do not deem it necessary to exercise our discretionary jurisdiction in the matter.
The writ petition is disposed of with liberty to the petitioner to apply under Section 18 of the Act.