SUDHIR KUMAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioners have sought a direction upon the respondents to acquire the land, which according to the petitioners, is owned by them, but has been taken over and utilised by the respondents without following the procedure prescribed under law and to pay compensation to them. An alternative prayer has been made by the petitioners that their land taken over by the respondents be returned to them.

(2.) As per case of the petitioners, land measuring 01 kanal 05 marlas and 03 kanals and 11 marlas in khasra No. 167/75 min situated at Qasba Bala, Tehsil Nowshera, District Rajouri is in occupation of Jal Shakti Vibagh, PHE Division, Nowsherea. Similarly, land measuring 2 marlas in khasra No. 76 in the same village is also is in occupation of Jal Shakti Vibagh, PHE Vibhag, Division, Nowshera. It has been further submitted that the land measuring 4 kanals in khasra No. 167/74 min situated in the same village is in the occupation of JPCDL (PDD) Division Nowshera. It has been further submitted that land measuring 5 marlas in the aforesaid khasra number is also in occupation of the Municipal Committee, Nowshera and public bathrooms have been constructed on the said land in the year, 2021.

(3.) According to the petitioners, the aforementioned land is duly reflected under the ownership of the petitioners in the revenue record and is shown in the occupation of the respondents. It has been further submitted that the land in question is in occupation of the respondents since the year 1963 regularly and continuously and the same has been taken over by the respondents forcibly and illegally without adopting due course of law and without paying any compensation to the petitioners. According to the petitioners, they have become owners of the aforesaid land(s) upon demise of their predecessor-in-interest, Sh. Maalik Ram and in this regard mutation of inheritance stands attested in favour of the petitioners on 2/7/2013. The petitioners contend that they had approached the respondents a number of times for vacation of the land in question and in the alternative for payment of compensation but without any success. Hence the present writ petition.