BABU RAM Vs. STATE OF J & K

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners have preferred this petition under Article 226 of the Constitution of India read with section 103 of the Constitution of the State of Jammu and Kashmir for the direction in the nature of mandamus commanding the respondents to pay interest at the rate of 10% per annum on the amount of compensation from the date it was payable to the petitioners i.e. the date of taking possession till its payment.

(3.) It appears from the pleadings that some land of the petitioners measuring 13 kanal and 13 marlas of khasra No. 1328 situate at village, Chowki Handan, District Rajouri was requisitioned under the provision of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Rules, 1969 (for short 'the Rules'). The compensation of the said land was assessed on 26.04.1991. The compensation was made available to the authorities on 24.05.1991 and the same was paid to the petitioners on 18.01.1999. The payment of the said compensation is clearly reflected by the certificate dated 11.03.2004 of the HQA to the Deputy Commissioner, Rajouri which clearly states that an amount of Rs. 1,27,908/- as compensation was paid to each of the petitioners.