VINOD KUMAR CHIRVI Vs. STATE

JUDGEMENT

(1.) Appellant claims that he along with two other persons owned and possessed three residential houses viz house No. 41/1, 42/2 and 41/3 with land under-neath and appurtenant thereto measuring 3610.07-1/2 Sft covered under Khasra No. 156 min at Chalpan Kocha Mouza Zainakadal Srinagar. The Appellant's claim is that he has l/3rd share out of the aforesaid property. It is further claim of the Appellant that on the onset of abnormal circumstances in the State of J&K, more particularly in the Valley of Kashmir, he left his home and hearth. It is further claimed that the property suffered damage for which he was paid compensation. It is further claim of the Appellant that the property has been taken over by the State Authorities and acquisition proceedings were initiated in respect of same under the J&K State Land Acquisition Act, Svt 1990 (1934 AD), (for short Act of 1990) but without any notice to the Appellant. The Appellant has prayed for quashment of the proceedings initiated under the Land Acquisition Act, and demolition of the construction raised as also direction to Respondents to handover property to the Appellant.

(2.) On notice issued, Respondents have filed objections, in which it is stated that Superintending Engineer circular road project Srinagar vide communicated dated 18th Dec. 2004 made request to District Collector Srinagar to take steps for acquiring the gutted houses of Chirvi's at Chalpan Kocha Zainakadal Srinagar for construction of Community Hall for use of general public to be funded out of M.P.LAD's which were already earmarked by the member parliament. The relevant part of the objections is reproduced as under:

(3.) The community hall has been construed on spot. The Id single judge vide its order and judgment dated 26th Nov. 2009 dismissed the writ petition. It is this order and judgment which is called in question in this Letters Patent Appeal.