R R CHOPRA Vs. STATE

JUDGEMENT

(1.) PETITIONER ™s land measuring ˜5 -kanal 10 -Marlas under khasra No. 657, situate at Nagrota, was requisitioned under the relevant provisions of the Requisitioning and Acquisition of Immovable Property Act 1968, vide Govt. Order NO. JK/2628/Req. dated 1.10.1972 at the instance of the Union -respondent, and was taken over on 15.11.1976, for defence purposes by the military authorities. Ever since it is under use and occupation of respondents 3&4 on a monthly rental of Rs.750/ -. Petitioners have filed this petition seeking a direction to the respondents to either release the property from requisition or in the alternative acquire it in accordance with rules and pay them compensation.

(2.) THE case of the petitioners is that they have been deprived of the right of their property, without payment of any adequate compensation. It is submitted that the market value per kanal of the land at present is more than Rs.1.00 lac and the compensation of the property, at the market rate, can be around Rs.10.00 Lacs. Therefore, respondents could not keep the land under perpetual and indefinite requisition on a paltry rent of Rs.750/ - per month and if they needed it for defence purpose, they were required to take necessary steps. They have relied in support on AIR 1984 SC 866 and AIR 1994 SC 2319.

(3.) IN the objections filed by the respondents, they have admitted that the kind in question was required for defence purposes and was being used as such and that its acquisition and payment of compensation was a matter to be decided by the appropriate military authority.