ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) FOR the families which had suffered in the Indo -Pak war of 1971, package of relief was provided for. Petitioners submit that their mother Smt. Ram Rakhi was the head of the family. She was a resident of village Mankotian, tehsil Akhnoor, district Jammu. The family was agriculturist. The family had shifted from Chamb area. It first settled in Krishanpur Manwal area and was provided with temporary relief. This is adverted to in paras 3 and 4 of the petition. Petitioners mother represented for rehabilitation. As per the petitioners, a package of relief came to be formulated at the instance of the Government of India. As this was being denied to the mother of the petitioners. She approached this Court time and again. The writ petitions were being disposed of with directions to the respondent authorities to settle her claims. Now, an order has been passed, which is annexure B on the record. In this, it has been mentioned that as Ram Rakhi i.e. the mother of the petitioners was paid Rs. 1.50 lakhs as compensation @ Rs. 5000/ - per kanal in lieu of land, therefore, no more relief is required to be given. It is this aspect of the matter which is the subject matter of challenge in this petition.

(2.) THE petitioners submit that Ram Rakhi, mother of the petitioners was entitled to agricultural land in the manner indicated above. If this was not done then, the cash compensation should have been such which represents the market value and for determining such a value, the principles as applicable in the Land Acquisition Act should have been applied.

(3.) BEFORE going into the controversy, it would be apt to notice the clauses 1 to 8 of the order dated: 17th Nov, 1999. These read as under: -