RISHI RAJ CHOPRA Vs. STATE

JUDGEMENT

(1.) LEGALITY and propriety of the Order dated 15th December, 03 passed by Second Additional District Judge, Jammu in the execution petition filed by the petitioners herein has been challenged in the present revision petition.

(2.) BRIEFLY stated the facts as emerge from the record are that land measuring 5 kanals 10 marlas comprising Khasra No. 657 situated at Nagrota, Jammu owned by the petitioners was requisitioned by the Collector for defence purposes. This requisition ]was made in accordance with the provisions of Requisitioning and Acquisition of Immovable Property Act, 1968 vide Government Order No. JK/2682/REQ dated 1st October, 1972. The property was taken over on 15th November, 76. Monthly rental was determined at Rs. 750/ -. Rental compensation was received by the petitioners up to 1996. Petitioners filed a writ petition (OWP) No. 62 of 95 seeking a direction for the de -requisition or in the alternative for acquisition of the requisitioned property. This writ petition came to be decided by the writ court on 24th May, 1996 directing the respondents either to de -requisition the property or acquire the same in accordance with law. An appeal LPA(W)No. 131/97 also came to be dismissed and the respondents in the writ petition were allowed time to implement the direction.

(3.) I have heard learned Counsel for the parties at length. With a view to determine the liability under the decree, it is convenient to refer to certain provisions of Requisition and Acquisition of the Property Act, 1968. Relevant extracts are being noticed: (3) Power to requisition immovable property : -