NISSAR HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS claim to be recorded owners of land situated at Muza Barrey Nambal, Srinagar falling under survey numbers 639, 640, 641, 642, 1805/630, 1808/632, 634, 638, 643, 642, 632, 637, 1809/635, 1810/635, 647, 648, 650, 649, 646, 1813/651, 1815/652, 1817/653, 1814/651, 1861/653, 652,1818/653, 633, 631, 1811/645, 1812/645 of khewat No. 200 and Khasra No. 1807/634, 1806/630,1813/651.

(2.) LAND described above became subject matter of acquisition by the State Government and on completion of the acquisition proceedings award dated 29.10.1985 was passed. A sum of Rs. 32,640 was determined as compensation per kanal for the acquired land. Petitioners share in the acquired land is indicated in para No. 3 of the petition.

(3.) RESPONDENTS 4 to 15 were tenants under the petitioners and recorded as such in the Revenue record. Proceedings under Section 4 of the Agrarian Reforms Act were initiated wherein respondents 4 to 15 were shown as prospective owner in respect to the land owned by the petitioners. While considering the question of compensation payable for the land in question acquired by the respondents for public purposes, the Collector apportioned the amount of compensation amongst petitioners and private respondents on the basis of a circular No. REV(LV) 10/80, dated 23.2.1980. This circular which has been issued by the Additional Secretary to Government, Revenue Department deals with the question of apportionment of compensation to be awarded under the Land Acquisition Act amongst various categories of persons. In respect to land subject matter of Agrarian Reforms Act and where proceedings under Section 4 have been completed or pending the circular provides that the entire compensation be paid to the prospective owner and only levy to the ex -owners. Relevant portion of the circular reads as under: - "It has been considered necessary to revise the circular instructions regarding appointment of compensation to be awarded under the J&K Land Acquisition Act SVT/1990 in the light of J&K Agrarian Reforms Act, 1976 issued vide this office endorsement No. Rev(LAJ/15/73, dt. 8/79. Accordingly, the following guidelines are issued in suppression of all previous instructions on the subject, for strict compliance: - - Where the rights of an owner in land under acquisition have been extinguished and vested in the State under section 4 of the Act of 1976 and declaration under section 6 of the Land Acquisition Act has been issued after Ist May, 1973 and the prospective owner of the said land has not acquired ownership rights until the date of such declaration the appointment of compensation of such land shall be made in the manner indicated below, keeping in view the conditions laid down in paras 5 and 6. (i) Where the rent recoverable from a prospective owner is equivalent to the village, rate (Nadi Hasbi Partah -Deh) with or without Malikana, the ex -owner will be paid the amount equivalent to twenty times of such land revenue, the remaining amount of compensation being paid to the prospective owner after deducting 10% as administration charges, to be assessed on the amount payable to ex -owner. This amount will be credited to the Govt. Exchequer under the appropriate head of account. (ii) Where the respective owner was an occupancy tenant in Kharif, 1971 paying rent other than the rent mentioned in sub -para (i) above the ex -owner be paid the amount with the provisions of part "A" of Schedule III of the Act 1976. The remaining amount of compensation will be paid to the prospective owner after deducting 10% as administration charge to be assessed on the amount payable to the ex -owner. This amount will be credited to the Govt. Exchequer under the appropriate head of account. (iii) Where are ex -owner has not exercised the option of resumption of land or where the ex -owner is not found. (iv) Eligible to resume the land, the procedure laid down in sub -para (ii) above will apply in this case also. ...................... ...................... Where the land involved in acquisition is held by a tiller in his personal cultivation in excess of the ceiling area and the same has not been retained by him within the prescribed ceiling limit. The rights of such persons in said land shall be extinguishes and in such cases the compensation be apportioned as under : - (a) To the ex -owner: Equivalent to the amount of levy as per Part "A" of Schedule III of the Act, 1976. (b) To the tiller: the difference between the assumed value for such land according to the table given in clause (a) of sub -para I of para 2 of Part "A" of Schedule III of the Act of 1976 and the amount payable therefore to ex -owner as mentioned in sub -clause (a) above. However, an amount equivalent to 10% as administration charges to be assessed on the amount payable to the ex -owner be deducted from the amount due to the tiller. This amount will be credited to the Govt. Exchequer under the appropriate head of account. (c) To the sate: The difference between the total compensation under the Land Acquisition Act and the amount payable to ex -owner and tiller as mentioned in sub -clauses (a) and (b) above."