DAWA Vs. UNION OF INDIA

JUDGEMENT

(1.) In the instant petition, petitioners have prayed for the following reliefs:-

(2.) Land measuring 606 Kanals situated at Leh was requisitioned by the Assistant defence Estates Officer, Leh for the public purpose namely construction of ALH Base at Spituk Leh. Villagers of Spituk village claimed to be in possession of land both as proprietary owners as also in possession of Shamilat, as such, claimed compensation on account of acquisition of land. Villagers of Spituk village contended that they were dispossessed illegally and unlawfully without following the due process of law and to remedy this wrongful act of the respondents, some of the villagers sought indulgence of the Deputy Commissioner, Leh and respondent No. 6 in the matter and as a result whereof negotiated settlement was arrived at in between the owners/Possessors of the land and the respondent Army Authorities, wherein it is submitted that the villagers will be compensated for the land acquired for construction of ALH Base at Spituk, Leh.

(3.) Petitioners averred in the writ petition that they came to know about the intentions of respondents to acquire the land in question in the year 2005 and, accordingly, approached before the official respondents apprising them about the fake claims projected by private respondent. Petitioners further submitted that upon discovery of the fact that the private respondents have filed a writ petition in this Court seeking compensation for part of the land, which resulted in disposal of the writ petition in terms of order passed on 15.09.2009 in OWP No. 734/2007. Relevant portion is extracted as under:-