ACCHRI DEVI AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) In view of nature of controversy involved and with consent of the parties, the writ petition is admitted and is taken up for final consideration.

(2.) The controversy, in short, set up by the petitioners in this writ petition is that the petitioners are the owner of the land measuring 3 Kanals and 7 Marlas comprised under Khasra No. 483 situated at Village Dullangal, which was occupied by the respondent Nos. 1 to 4 in the year 2003-04 for construction of the building of Higher Secondary School, Dullangal. It is pleaded by the petitioners that the aforesaid land was given to the respondent Nos. 1 to 4 on the assurance that they would be provided the adequate compensation or in lieu thereof, a member of their family would be employed. Petitioners, therefore, submit that neither the compensation was paid nor any member of their family was employed by the respondents. The petitioner, therefore, claim that in the State of Jammu and Kashmir, the right to property is a fundamental right and therefore, their proprietary land could not have been taken by the respondents without payment of just compensation to be determined under the provisions of Jammu and Kashmir Land Acquisition Act.

(3.) The respondents have filed their reply and have taken a plea that the proceedings for acquisition were not initiated in terms of the aforesaid Act for the reason that petitioner No. 4, one of the co-sharers in the land in question had submitted an affidavit testifying therein that he was donating the aforesaid land for the construction of the School and that no other person would claim any right, title or interest in the aforesaid land. Learned counsel for the respondents, therefore, submits that in view of the aforesaid fact, no proceedings for acquisition were initiated and therefore, no compensation was determined or paid to the petitioners.