ZAFFER ALTAF BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner claims that he is owner of land measuring 14 Marlas under Khasra No. 523, situated at Ushkara Baramulla, and land was under the occupation of respondent No. 2, on payment of rental compensation. The petitioner submits that he received the rental compensation qua the aforesaid land up to 1985, and, thereafter, respondent No. 2, neither released his land under its occupation nor has paid the rent since 1985. The petitioner claims to have approached respondent No. 2 in the year 2014, through the medium of a letter dated 31st of July 2014. In this petition, the petitioner, therefore, prays for a writ of mandamus to direct the respondents to pay the arrears of rent from 1985 with interest at the rate of 18%. Simultaneously, the petitioner also seeks direction to respondent No. 3 and 4 to demarcate his land measuring 14 Marlas comprised under Khasra No. 532 so that he could raise fencing to prevent any encroachment.

(2.) On being put on notice the respondents 1 and 2 have filed their objections. The defense taken by the respondents 1 and 2 in their reply affidavit is that no land under Khasra No. 523 at Ushkara Baramulla, is under occupation of respondent No. 2. With regard to land under their occupation under Khasra No. 532, it is submitted by the respondents that on the petitioner approaching respondent no. 2, the matter was taken up with the respondent no. 4 for joint verification and demarcation of the land under occupation of the Indian Army under Khasra No. 532. It is further submitted that the Government of India, Ministry of Defence, has accorded sanction for acquisition of land measuring 1231 kanals 1 ½ Marla vide No. PCA/50134/11/Q3l (North)/5682/D (Lands) dtd. 20/10/1986, which was superseded by a later communication dtd. 29/3/2000. The land acquired included an area of 1 Kanal and 12 Marlas out of Khasra No. 532 min, which has a total area of 2 Kanals and 16 Marlas. The compensation worked out for the acquisition was deposited by the respondent no. 2 in the office of Deputy Commissioner and the same has been received by the petitioner in so far as his land measuring 1 Kanal and 12 Marlas is concerned. It is thus categoric stand of respondents 1 and 2, that other than the land measuring 1 Kanal and 12 Marlas under Khasra No. 532 min, they have not acquired any other land in the said Khasra Number that too, belonging to the petitioner.

(3.) On the intervention made by this Court in terms of order dated 6 th October, 2021, the Deputy Commissioner has filed the compliance report and has made the position with regard to the land under survey No. 532 abundantly clear. The relevant extract of the report submitted by the Deputy Commissioner, Baramulla is reproduced hereunder: