TALIB DIN Vs. STATE

JUDGEMENT

(1.) The land measuring 09 kanal 05 marlas covered under Khasra Nos. 84, 85, 86 and 87 of village Ismailpur Tehsil and District Samba was initially requisitioned and finally acquired under the provisions of "The Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968 (for short "the Act")".

(2.) In respect to the said acquisition, the final assessment report was submitted on 24/7/2008 by the Deputy Commissioner, Samba, wherein at S. No. 148, the petitioner has been held entitled for compensation. In accordance with the said final assessment report/award, the petitioner received compensation of Rs.4,57,334.00 and till that time there was no dispute as to the entitlement and apportionment of the said compensation. Subsequently, it appears that respondent Nos. 6 and 7 represented to the authorities that they are the actual persons entitled for the compensation of the said land and it has wrongly been paid to the petitioner. Accordingly, the Additional Deputy Commissioner, Samba, on 15/2/2010, issued a letter to the Tehsildar, Samba to recover the compensation paid to the petitioner.

(3.) The petitioner instead of challenging the aforesaid letter of recovery, vide application dtd. 14/3/2011 addressed to the Deputy Commissioner, Samba, demanded that since a dispute with regard to the entitlement and apportionment of compensation of the above land has been raised by respondent Nos. 6 and 7, the matter be referred to the arbitrator in terms of Sec. 8 (1) (b) of the Act read with Rule 9 (4) of "The Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Rules, 1959 (for short).