MOHAN LAL AND ANOTHER Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner No. 1, father of the petitioner No. 2 along with family had migrated from Pak Occupied Kashmir (POK) in the year 1947. It is claimed that as a measure of rehabilitation, the Government of Jammu and Kashmir allotted a piece of land measuring 19 kanal 04 marlas falling under Khasra No. 817 situated at village Gurah Brahmana Tehsil Akhnoor District Jammu in favour of petitioner No. 1. It is the further case of the petitioners that in the year 1960, the respondents have acquired 16 kanal 05 marlas of land allotted to the petitioners for the purpose of extraction of New Partap Canal from Akhnoor to Palanwalla. It is submitted that no compensation has been paid to the petitioners for the acquired land and instead a promise was extended that one member of the family of the petitioners shall be appointed in the Government employment on regular basis. The petitioners claim that thereafter a series of representations were made to the respondents with regard to compensation in lieu of land under the provisions of land acquisition Act or engagement of petitioner No. 2 on regular basis. The petitioners therefore submit that after long persuasion, the respondents have engaged petitioner No. 2 as daily wager in the year 2014 but they have not paid the salary which is due to petitioner No. 2 for the last three years.

(2.) The petitioners have, therefore, sought a direction to the respondents to either pay compensation with regard to the land measuring 16 kanal 05 marlas falling under Khasra No. 817, situated in village Gurah Brahmana Tehsil Akhnoor District Jammu which was acquired by the respondents in the year 1960 as per the prevalent market rates and also to pay compensation to the petitioners to the tune of Rs. 50.00 Lakhs on account of unnecessary harassment.

(3.) Respondents have filed objections to the writ petition. The stand taken by the respondents is that the land was acquired way back in the year 1960 and the petitioners never lodged any claim for the compensation during these years. The respondents have further submitted that the compensation which was payable for the aforesaid land was to the tune of Rs. 1522.53 (Rs. 814.13 +Rs. 708.40) which was deposited with the Custodian Department as the land allotted to the petitioners belonged to the Evacuee Department. It is further submitted by the respondents that petitioner No. 2 has now been engaged on need base as daily rated worker pursuant to SRO 239-F of 2005 vide Order No. IFCJ/Est/12873 dated 11.10.2014, in terms of which petitioner No. 2 has joined his duties in the office of Assistant Executive Engineer, Sub-Division-1, Akhnoor is working since 21.10.2014.