UNION OF INDIA Vs. O.P.KOTWAL

JUDGEMENT

(1.) Union of India and its functionaries have filed the instant appeal under clause 12 of the Letters Patent challenging judgment and order dated 09.07.2013 rendered by the learned writ Court whereby it has allowed the writ petition filed by the writ petitioner-respondent by issuing direction to the appellants which reads as under:

(2.) Mr. Jamwal, learned CGSC appearing for the appellants has vehemently argued that notification under Sections 4 and 6 of the Jammu and Kashmir Land Acquisition Act, 1990 (1934 A.D) (for brevity 'the Act?) was issued on 26.07.1994 and the award was announced on 08.06.1996.

(3.) The petitioner-respondent filed OWP No. 27/2005 relatable to the instant appeal claiming that the Collector had failed to include value of certain items belonging to the petitioner-respondent including non-fruit trees (Deodar), fruit bearing trees and others things. According to the averments made in the petition, the petitioner-respondent claimed that Collector was under obligation to include value of the standing fruit bearing trees/non fruit bearing trees like Deodar in the award and, therefore, compensation in lieu thereof should have been given to him. The prayer made by the petitioner-respondent was opposed by the appellants on the ground that remedy available to the petitioner- respondent under Section 18 of the Act of 1990 by seeking reference of his claim through the Collector was not availed and, therefore, no writ could have been filed and, that too, after a period of nine years. Another objection taken by the appellants was that the awarded amount was accepted by the writ petitioner-respondent without any demur.