G. MUSTAFA SHEIKH Vs. STATE

JUDGEMENT

(1.) Acquisition proceedings came to be initiated by the respondents for acquiring the land for widening of road from 2nd Tawi bridge to DC Office. Petitioner states that the he was in possession of land measuring 3 marlas and one sq.ft. falling under Survey No. 341 min., at Gujjar Nagar, which was initially the State land but subsequently, came to be regularized in the name of the petitioner vide mutation No. 1391. Over the said piece of land, the petitioner raised the construction of a house and two shops on the road side. It is stated that the petitioner was not averse to the acquisition proceedings, however, was objecting to the assessment of compensation vis- -vis structure and the land underneath it. It is stated that the compensation in regard to the demolished structure was assessed, however, in regard to the land measuring 242 sq.ft., the respondents refused to pay any compensation on the ground that the same was State land ignoring the fact, that it was, in facts, State land which subsequently came to be regularized in favour of the petitioner of which, now, he had become the owner.

(2.) It is in these circumstances, the petitioner prays for issuance of a writ of mandamus commanding the respondents to pay compensation for the land measuring 242 sq.ft. at the market rate with a further direction to re-assess the compensation on account of the demolished structure and also pay interest thereon.

(3.) Objections have been filed by the respondent-State, wherein it is stated that the petitioner is not entitled to any compensation on the ground that the land measuring 242 sq.ft. of which compensation is sought, belongs to the State. It is further stated that compensation in regard to the structure has been assessed and paid to the petitioner after deduction of income tax as the rules. It is further stated that a final award was issued by the respondents vide award Dt. 27.9.2010. It is stated that the petitioner has already applied for reference under Section 18 and 31 of the Land; Acquisition Act (for short Act) for settlement of award before the learned District Judge vide letter No. LA/1083 Dt. 28.2.2012.