MOHD ASHRAF SOFI Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners in this petition have sought issuance of writ in the nature of Certiorari for quashing the final awards dated 01.12.2012 passed by Collector, PHE / Circular Road Project, Srinagar, respondent no.5, in respect of structure under Engineering Mark R -1, R -9, R -28, 29 -R1, 29 -R2, 30 -RA and 30 -RB acquired for purposes of road widening from Fateh Kadal to Khankahi Moula, Srinagar. The petitioners have also prayed for a Mandamus to direct the respondents to (i) re -draw the awards in terms of market value @ Rs.70 -80 lacs per kanal as determined by Tehsildar, North Srinagar as compensation for building structure and in terms of package related to such structures in the form of providing residential plots in Baghati Shoor @ per plot per dislocated family which are 19 in number; (ii) to pay compensation @ Rs.10.00 lacs in lieu of shops acquired from the petitioners, except petitioner no.2, who is a brain tumor patient claiming alternative shop site for his rehabilitation, on the analogy of compensation paid to shopkeepers of Meerak Shah KZ Road and on the analogy of respondent no.8 who is similarly situated with the petitioners and has been provided Rs.10.00 lacs in lieu of one shop and one plot of land. The petitioners have also prayed for a writ of prohibition for restraining respondents 3 to 7 from acquiring the left out land of the petitioners as the same has not been earmarked for road widening purposes.

(2.) THE petitioners claim that their properties in the shape of residential houses, with some shops and land underneath thereto, situated at Fateh Kadal Khankahi Moula Road, Srinagar, were notified on 24.05.2001 by the Collector concerned under Section 4(1) of the Jammu and Kashmir Land Acquisition Act, Svt. 1990 (1934 AD) (hereinafter, for short, referred to as the Act). After the issuance of the aforesaid notification, it is stated that, private negotiations were held between the High Level Committee (HLC) and the petitioners. The first such meeting, styled as HLC no. 108, is stated to have taken placed on 08.01.2005; the second meeting, i.e., HLC no. 150, on 16.05.2009; and the third meeting, i.e., HLC no. 153, on 17.09.2009. The petitioners have given details of the package of compensation / rehabilitation offered to them in the HLC meetings in paragraphs 10 to 15 of the petition. However, it is stated that, the petitioners did not accept the offer being inadequate and unjust. It is stated that, thereafter, the declaration in terms of Section 6 of the Act, that the land is required for public purpose, was issued by the District Collector vide notification no. 33/DCS of 2011 dated 18.11.2011 and the Collector, Land Acquisition, PHE / Circular Road Project, was directed to take proceedings under Section 7 of the Act. It is also stated that, thereafter, notices under Sections 9 and 9 -A of the Act were issued. It is the case of the petitioners that such notices were issued to only some of the petitioners detailed out in the facts narrated from paragraphs 7 (a to f) of the petition.

(3.) IT may be mentioned here that this petition has been filed by 48 persons, constituting six groups of claimants stated to have been owners of the acquired properties. Each group is further stated to be comprised of different families / households. As per the averments made in the petition, petitioners 1 to 7 constitute one such group, comprising 4 families. Their property comprised one house with one shop located therein, run by petitioner no.2, together with land underneath and appurtenant thereto measuring 247 sq. ft. in Khasra nos. 324, 326/min situated in Mouza Habba Kadal. Their property was marked as Mark R -1. Petitioners 8 to 11, are stated to comprise of two families. Their property comprising one residential house with two shops and land underneath and appurtenant thereto measuring 236 -3/4 sq. ft., under Khasra no. 326/min, was marked as Mark R -9. Petitioners 12 to 18 are stated to be forming another group. They are stated to comprise of three families, and owned one residential house with two shops and land measuring 418.75 sq. ft., under Khasra no.403/min, marked as Mark R -28. Petitioners 19 to 38 are stated to have owned one residential house with one shop with land measuring 418.75 sq. ft., under Khasra no.403/min. They are stated to comprise four families and their property was marked as 29 -R1 and 29 -R2. Similarly, petitioners 39 to 45 are stated to be comprised of three families. They owned one residential house with one shop and another half shop, situate on land measuring 210 sq. ft., under Khasra no. 403/min, marked as 30 -RA. Petitioners 46 to 48 owned one residential house with one shop and another half shop situate on land measuring 210 sq. ft., under Khasra no. 403/min, marked as 30 -RB. This group of petitioners is stated to comprise three families.