NAZIR AHMAD BHAT Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners claiming to be the owners of land measuring 2 kanals 15 marlas comprising Survey No.2228 and 2231 situated in Estate Bemina, have filed the present petition for directing the respondents to pay compensation to the petitioners in respect of the land mentioned above, which has been occupied by respondents No.1 and 3 without acquiring the same under due process of law.

(2.) The petitioners have placed on record the representation claimed to have been submitted by them before the respondents for grant of compensation or in the alternative vacation of the land. The petitioners have also placed on record the Jamabandi to demonstrate their ownership over the land in question and occupation of the respondents No.1 and 3 over the same.

(3.) The respondents No.3, 5 and 8 (Department of Forest) have filed their response stating therein that the answering respondents are having a Check Post constructed way back, on the road side covering the land measuring 3 1/2 marlas which does not exist in Survey Nos.2228 and 2231. The answering respondents have denied to have received any representation from the petitioners. It is further stated that the said Check Post has been constructed with the consent of the local inhabitants without any objection.