JAMMU DEVELOPMENT AUTHORITY Vs. RAM SINGH

JUDGEMENT

(1.) Jammu Development Authority - appellant herein, in 1997-98, decided to develop a housing colony at Channi Colony under name of Trikuata Nagar Housing Colony Jammu. To give practical shape to decision taken, a large area of land was acquired for development and thereafter allotment to the aspirants for residential plots in the proposed colony. Respondents' land measuring 15 Kanals and 14 Marlas comprising Survey No.3 Min and 06 Kanals and 02 Marlas comprising Survey No.4 Min at Channi Rama Tehsil Jammu, was also acquired in connection with development of housing colony. Respondents are refugees from other- side of the ceasefire line, (now Line of Actual Control) and the land in question was allotted to them under Cabinet Decision No.578-C as part of rehabilitation package given to refugees from Pakistan and Pakistan Occupied Kashmir.

(2.) The acquisition proceedings were completed, compensation assessed, and award made by Collector, Land Acquisition, PWD, Jammu. However, even after completion of acquisition process, respondents retained possession of part of acquired land alongwith Kacha houses existing therein. There is disagreement between parties as regards actual area presently in possession of respondents. Appellant authority insists that only Kacha house with land underneath to it is in possession of respondents. If respondents are to be believed they are in possession of 03 Kanals & 14 Marlas comprising Survey no.3 Min and 02 Kanals & 10 Marlas comprising Survey no.4 with Kacha Houses standing thereon. Respondent no.2 claims to have even constructed a Pacca house on land in question.

(3.) Respondents, apprehending dispossession from the part of the acquired land in there possession, filed writ petition against appellant authority, being OWP no.459/2004.