ZAMINDARAN COMMITTEE Vs. STATE OF J & K

JUDGEMENT

(1.) WRIT petition has been filed praying for direction to the respondents either to acquire the land of the petitioners and pay compensation at market value, or to vacate the occupation of the land.

(2.) THE main submissions made in the petition are that 3992 Kanals 17 Marlas of land situated at villages Karawah, Damodhar, Wathoora and Kralpora, comprising in different Survey numbers, belonging to the petitioners was occupied by the security forces in July 1952. It is submitted, that prior to the occupation, the land was developed with fruit bearing trees and was yielding sufficient income to sustain the families of hundreds of petitioners, for their livelihood. It is further submitted that although the market value of the land in the adjoining area which has been fully developed is more than 3.00 lacs per kanal, but by the occupation and non-payment of compensation, the petitioners have been deprived to utilize the compensation amount and also the use of their land for the prolonged period of 40 years. The respondents are offering meagre rent for use and occupation of the land, which is neither reasonable nor acceptable to the petitioners. The respondents have constructed barracks, changed the nature of land and have caused intensive damage to the fruit bearing trees, without paying any compensation for the damages, in open violation of the fundamental rights of the petitioners guaranteed under Article 19(1)(l) of the Constitution of India.

(3.) WHILE admitting that the land of the petitioners is in occupation of Indian Armed Forces since 1952, and sheds, structures and barracks have been constructed on the land, the stand and submission of the respondents is that the respondents are paying rent as per rates notified in SRO by the State Government from time to time. It is further submitted that although, on, "no objection", of the State Government, to acquire the land, recommendation was made by the Board for acquisition of the land, but as the Board is not a statutory body, the recommendations of the Board are not binding on the Ministry of Defence, no decision or Government order has been passed to acquire the property under occupation. It is further submitted that as the land is under requisition for defence purposes and huge expenses would be involved, if the land is acquired, and on this financial implication, the land of the petitioners cannot be acquired, but the occupation shall continue, because the Government cannot be compelled to acquire the land, which is required to be occupied, for security of the State. As no outer limit, for occupation is defined and provided under the Act, the occupation of the land for defence purpose can continue till the requirement of the defence demand. On these submissions, it is prayed that the writ petition merits to be dismissed.