AB MAJID DAR Vs. STATE OF J&K

JUDGEMENT

(1.) THE Writ Petition has been submitted praying for quashing the impugned Government Order No. 63 -TMS of 1992 dated 1.7.1992 and order No. TSM/DD42/GD -PPO dated 3.12.1992 and also for direction, to the respondents to pay compensation to the Petitioners for land measuring 6 Kanals 4 Marlas situated at Nunwan Pahalgam for Plot Nos. 2 and 5 situated at Lal Kothi Pahalgam. The petitioners have also prayed that the respondents be directed not to evict the petitioners from plots 1,3,4 and 6 situated at Lal Kothi Pahalgam or demolish the structure existing thereon, and to allot petitioners the land measuring one and a half marlas each at an appropriate place.

(2.) IT seems that for development of Pahalgam Master Plan, land measuring 6 Kanals and 4 Marlas under Survey No.63,330/63 situated at Nunwan, of the petitioners was acquired and in exchange petitioners were allotted one and a half Kanals of land each vide Government Order No. 63 -TMS of 92 dated 1.7.1992 near the location known as Lal Kothi at Pahalgam. In the order dated 1.7.1992, the allotment of land was made without identifying the Serial numbers of file plots and, accordingly, an addendum was issued under No. TSM/DD -42/GD -PPO dated 3.12.1992 and the land was allotted indicating the Serial numbers of the plots as under: - - -

(3.) AGGRIEVED by the allotment of plot Nos. 1, 5, and 6 to the private respondents, the petitioners filed writ petition on the main submissions that their 6 Kanals and 4 Marlas of land under Survey No. 63,330/63 situated at Nunwan was acquired by the Government for implementation of the Pahalgam Master Plan and one and a half Kanals of land was allotted in exchange to each petitioner near Lal Kothi, vide order No. 63 -ISM of 92 dated 1.7.1992. In the said order, the allotted land was not identified either by survey numbers or with sufficient details to locate the exact plots of land. Accordingly, an addendum under No. TSM -UD 42/BO -PPO dated 3.12.1992 was issued in which the plot numbers of the land allotted to each of the petitioners was also given. Vide this addendum petitioner No.1 was allotted plot No.3 near Lal Kthi Pahalgam and the petitioner No. 2 was allotted plot No. 4 near Lal Kothi Pahalgam.