GIRDHARI LAL Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has challenged communication bearing No. SDM/JMU-S/2021-22/1638-39 dtd. 6/8/2021 issued by respondent No. 2, whereby recovery of an amount of Rs.5,91,675.00 on account of excess land compensation has been directed against the petitioner.

(2.) According to the petitioner, he owns land measuring 10 kanals and 6 marlas in khasra No. 112 min in Village Najwal. The respondent No. 2/Collector initiated process of acquisition of land for construction of Ring Road on behalf of respondent No. 4 and the total land regarding which process of acquisition was initiated is 102 kanals, 0.1 marlas and 5 sarsai. The final award has been passed by respondent No. 2-Collecotr on 22/9/2017. It is being claimed by the petitioner that out of 10 kanals and 6 marlas of his land in khasra No. 102 min, 7 kanals and 4 marlas came under the acquisition and as per the final award, the petitioner has been paid compensation of Rs.39,72,675.00 in respect of 7 kanals and 1 marlas of the acquired land. Regarding three marlas of balance land, it has been submitted that in view of the dispute with respondent No. 5, the compensation has been withheld in terms of order dtd. 4/12/2018 read with order dtd. 25/7/2019 passed by the Financial Commissioner Revenue, Jammu in a case initiated by respondent No. 5.

(3.) It has been submitted that all of a sudden, the petitioner has received impugned communication, whereby a recovery of Rs.5,91,675.00 has been ordered. It has been contended that the said communication is a result of total non application of mind on the part of the respondents and that the same has been issued without any justification. It has been submitted that as per the said communication, the petitioner has received excess compensation for the land measuring 1 kanal and 1 marla and if that is the case, then the indenting department has to return the aforesaid quantum of land to the petitioner, who is admittedly the owner of the 10 kanals and 6 marlas of land in khasra No. 112 min.