UNION OF INDIA Vs. PUSHPA DEVI

JUDGEMENT

(1.) By virtue of the instant petition, Union of India has challenged the judgment/order and award dtd. 10/7/2014 passed by the learned District Judge, Bhaderwah in a reference made under sec. 18 of the Jammu and Kashmir Land Acquisition Act. The judgment/order passed by a District Judge in a reference under sec. 18 of the Jammu and Kashmir Land Acquisition Act is appealable in terms of sec. 52 of the Jammu and Kashmir Land Acquisition Act, as a judgment and decree before the High Court. The petitioners, without resorting to the aforesaid remedy, have filed the instant writ petition invoking jurisdiction of this Court under Article 226 of the Constitution of India.

(2.) The aforesaid position of law was noted by this Court in order dtd. 29/9/2022 and the learned counsel for the petitioners had sought time to have instructions in the matter and a further direction was issued that the Defence Estate Officer, Northern Command, Udhampur shall appear in person.

(3.) Pursuant to the aforesaid order, the Defence Estate Officer, Northern Command Udhampur appeared in Court on 28/11/2022 and sought time to have instructions in the matter from the competent authority.