GIASO RAM Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioners have filed the instant writ petition seeking a direction upon the respondents to release the compensation amount awarded in their favour in terms of award bearing No. ADCK/LA/321-26 dtd. 16/6/2007 without deduction of two-third amount.

(2.) According to the petitioners, they were owners of the land falling under khasra No. 293/103 situated at Village Kalna, Tehsil and District, Kathua. It has been submitted that the land in question was their ancestral land and in the year 2003, acquisition proceedings were initiated by the Collector Land Acquisition, Kathua in connection with expansion of industrial area at Village Kalna. On 16/6/2007 final award came to be passed by respondent No. 3-Collector but only a part of the compensation has been released in favour of the petitioners and the balance amount has been withheld without any rhyme and reason. Hence the instant writ petition.

(3.) Respondent No. 3-Collector Land Acquisition, Kathua, in his reply to the writ petition has submitted that the land measuring 1423 kanals and 08 marlas situated at Village Kalana, Tehsil and District, Kathua was acquired and in terms of award dtd. 16/6/2007, compensation in the amount of Rs.8,64,76,689.30 was assessed. It has been submitted that the land measuring 163 kanals 16 marals in khasra No. 293/103 min situated at Village Kalna is part of the said acquisition. As per apportionment statement, share of petitioner No. 1 is shown as Rs.9,93,600.00 for land measuring 16 kanals, out of which one-third amount i.e. Rs.3,31,200.00 has been disbursed to him. Respondent No. 3 has taken a stand that only one-third land compensation has been paid to the petitioner(s) in view of the conditions laid down in Circular No. Rev-LB-10/80 dtd. 23/2/1980, according to which, only one-third compensation is to be paid to the allottees to whom the land has been allotted under various Government Orders etc.