AMANULLAH KHAN Vs. UOI

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking a direction upon respondents No. 1 to 5 to pay due and just compensation for the loss caused to him on account of demolition and closure of his brick kiln situated at Malhori, resulting from the widening of Batote-Doda National Highway (NH-1B).

(2.) As per case of the petitioner, he acquired land measuring 06 kanals and 07 marlas falling under khasra No.82, situated at Malhori, on lease basis on the strength of a lease deed dtd. 29/8/1998 from its owner, Sh. Kiker Singh. After obtaining the requisite licence for construction of a brick kiln from the competent authority on 19/8/1999, the petitioner obtained requisite permission from the J&K State Pollution Control Board on 1/8/2000. Accordingly, the petitioner was permitted to operate brick kiln on the aforesaid land which is situated towards south on the uphill of Batote-Doda National Highway (NH-1B) at Km 37.850 near Malhori. According to the petitioner, he operated the brick kiln under the name and style of Khan Brick Kiln, Doda for about eight years till the year 2008 when the project for widening of National Highway NH-1B was undertaken by respondents No. 2 and 3. As a result of widening of the road, the brick kiln of the petitioner was badly affected, and most parts of the kiln, including the approach road, got damaged as some portion of the land on which the brick kiln was established was brought under widening of the road. This, according to the petitioner, rendered his brick kiln unworkable, as a result of which, he was constrained to shut down the brick kiln even though the licence to operate it was valid upto August, 2009. In this regard, the petitioner is stated to have approached the licensing authority vide his communication dtd. 7/6/2010 followed by communication dtd. 21/6/2010 addressed to respondent No.4 seeking cancellation of the licence. It was made clear by the petitioner to respondent No.4 that he was constrained to close down his brick kiln only because a substantial port of it had come under the widening of National Highway NH1B at Malhori.

(3.) It is being submitted that the respondents did not assess and pay compensation to the petitioner for the loss sustained due to the forced closure of his brick kiln, which compelled him to approach respondent No.5, the Collector Land Acquisition, by addressing a communication dtd. 10/6/2008 claiming compensation for the damages. However, no action was taken by the said respondent though reports were called by the said Authority from the subordinate authorities. The application of the petitioner is stated to have remained pending with respondent No.5, who was seized of the land acquisition proceedings under the provisions of J&K Land Compensation Act with regard to the land that had come under the widening of the road in question. On 19/9/2011, the petitioner submitted another application to respondent No.5 reminding him about his prayer regarding assessment and release of compensation for the loss caused on account of closure of the brick kiln. The said application was processed by respondent No.5 and the reports were sought from the Patwari and Naib Tehsildar concerned. The Patwari submitted his report dtd. 15/11/2011, which was duly considered and endorsed by the Naib Tehsildar, Khilani vide his endorsement dtd. 26/11/2011. The same was forwarded to respondent No.4 by the Tehsildar Doda vide his communication dtd. 16/1/2012. Respondent No.4, in turn, vide his communication dtd. 24/2/2012 sought title verification with regard to khasra Nos.82, 83, and 109. A verification report dtd. 24/3/2012 was prepared by the Patwari concerned which was countersigned by the Girdawar and on this basis, the Naib Tehsildar, Khilani prepared his own report dtd. 31/3/2012 which was forwarded to respondent No.4 by the Tehsildar, Doda vide his endorsement dtd. 7/4/2012.