MOHD RASHID KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE undisputed facts in this petition are that the Public Works Department represented by respondents 3 and 4 wanted to build a road. On a piece of land on which road was to be constructed, there existed a house. This belonged to the petitioner. This alignment is said to be on Sakhi Maidan Kalai road. Kilometre is said to be at RD -O25. Acquisition proceedings were not taken. Compensation was determined at the rate of Rs. 15/ - per square feet. The petitioner submits that he has received a sum of Rs. 18,000 -. This is said to be part payment of compensation. The petitioners grievance is that for similar type of construction and for the similarly located land compensation has been paid @ Rs. 36 per square feet. The petitioner wants this much compensation to be paid to him.

(2.) THE case of the petitioner is that a reassessment was made. For this, reliance is being placed on annexure "C". As compensation has not been paid on the basis of this reassessment and as the instances quoted by the petitioner have not been taken note, he has approached this court.

(3.) RESPONDENTS have filed objections. They submit that the petitioner voluntarily offered his land which was to come under the road. It is further submitted that he had accepted the compensation. It is, accordingly, submitted that he is not entitled to any relief.