LAWS(J&K)-2011-7-28

SYED IMITIAZ RIZVI Vs. STATE

Decided On July 28, 2011
Syed Imitiaz Rizvi Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) It is submitted at the bar by learned counsel for the respondents that in view of the submissions made by the learned counsel for the parties on 18-03-2010, the matter was ordered to be listed before Hon'ble Mr. Justice Mansoor Ahmad Mir. Note of the Registry dated 23-03-2010 reveals that Hon'ble the Chief Justice had directed listing of the case for appropriate proceedings before Hon'ble Single Bench, having relevant roster, on 24-03-2010. This is how the matter is heard.

(2.) The petitioners claim to have constructed two houses in the village Sharief Abad, Badgam in the year 1995. It is further claimed that in the year 1997, DC electric transmission lines were laid over their houses by the respondents. The current carrying potential of these electric wires was 132 KV. In view of this development, the petitioners were asked to vacate their residential houses. It is further claimed that at the back of the petitioners, compensation of Rs. 3,85,470/- was fixed but the same was not paid to the petitioners. It is further claimed that the compensation for the land underneath and appurtenant to the houses of the petitioners, was not assessed. It is further claimed that the petitioners, after five years of laying of the said electric transmission lines, were asked to demolish their residential houses and leave the place.

(3.) The petitioners represented before the respondents, praying therein, that the properties have not been assessed properly and compensation fixed is insufficient and that no compensation has been fixed in respect of the land underneath and appurtenant to the residential houses. The petitioners prayed for paying of appropriate compensation for the structures as also for the land underneath and appurtenant thereto.