STATE OF J&K Vs. V K PACHNANDA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned Single Judge in OWP NO. 283/05 titled Dr. V.K. Pachnanda v. State of J&K & Ors. dated 10.5.2006 by means of which the Writ Court has directed the appellants to grant proprietary rights to the respondent in respect of land measuring 3 kanals 1 marla and 24 Sqft situated Ahata Kalan Telephone Exchange Road, Jammu. The brief facts relevant for the disposal of this appeal are as under: -

(2.) STATE land measuring 2 kanals and 14 marls and 54 Sft. were given on lease to one Dr. Ram Singh Pachnanda in the year 1942 on the payment of premium and ground rent. Later by means of a subsequent order an additional area of 6 marlas and 242 Sft was also given to him for commercial purposes. Thus land measuring 3 kanals and 1 marla and 24 Sft. came into the possession of Dr. Ram Singh Pachnanda under Wadiars Rules . After his death, the wasidars rights were transferred in favour of his wife Smt. Savitri Devi Pachnanda vide mutation No. 97 and on the death of Smt. Pachnanda, lease hold rights were transferred in favour of her son Dr. V.K. Pachnanda -the present respondent. In the year 1981 the Government vide order No. Rev/NDK/248 of 1981 dated 17.8.1981 ordered that the wasidars who have acquired Nazool land on lease basis shall have the opinion to acquire the land on proprietary basis on payment of price equivalent to half of the prevailing market price in the Estate. Smt. Pachnanda applied for the same but her application remained undecided till her death. After her death her son, the present respondent persued the matter and approached the concerned revenue authorities as well as the other Government functionaries for the purpose. It appears that the Government did not take any action in the matter which forced him to file a petition before this Court being OWP NO.283/05. This Court on 29.11.2001 while disposing of the said writ petition, directed the respondents to consider the claim of the petitioner and dispose of the same in accordance with law. The court further directed the respondents to take note of judgments in case titled Dr. Ved Khullar v. State of J&K & Ors. (OWP NO. 634/87 decided on 17.8.1981) and Manjit Singh and Ors. V. State of J&K & Ors. (OWP No. 933/95) decided on 17.4.2000. The Court gave three months time to the respondents to consider the matter. The respondents again approached the State to comply with the directions. The matter was thereafter considered by the State but vide order No. Rev/NDJ 56 of 2003 dated 11.3.2003 the claim of the respondent was rejected on the ground that with the enforcement of Jammu & Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2002 the claim of the respondent had become infructuous as such could not be entertained. The State also found that there was no ground to grant ownership rights in favour of the respondent on the analogy of Dr. Ved Khullar as the application of Smt. Pachnanda was found to be antedated and fabricated. The Government, therefore, rejected the claim.

(3.) FEELING aggrieved of the same respondent -Dr. V.K. Pachnanda filed a petition (OWP No. 283/05) before this Court seeking a writ of certiorari quashing the said Govt. order on the ground that the same has not been passed in accordance with the law. Ld. Single Judge on consideration of the matter, has allowed the said writ petition through the judgment impugned holding that the petitioner was entitled to get the proprietary rights on the said piece of land. The court accordingly directed the State to grant proprietary rights to the respondents in respect of land measuring 3 kanals 1 marlas and 24 Sft situated at Ahata Kalan Exchange Road, Jammu at the rate of Rs. 10 lacs per kanal within a period of two months.