JAGDEV SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner is aggrieved of Order No.240-DULBJ of 2016 dated 02.03.2016 issued by respondent No.4, whereby he has modified its earlier order issued vide Order No.204-DULBJ of 2004 dated 22.07.2004 read with Order No.362-DULBJ of 2004 dated 25.11.2004 and has accorded sanction to the allotment of four shops on the ground floor and three shops at first floor in the shopping complex belonging to the Municipal Council, Doda contiguous to the site of booking office counter at Bus Stand, Doda on proprietary basis equally i.e. half share to each in favour of the writ petitioner and legal heirs of Late Sh. Krishan Singh i.e., respondent Nos. 6 and 7.

(2.) The grievance projected by the petitioner in the writ petition precisely is that land measuring 8 kanal 3 marlas belonging to one Sh. Dharam Singh, father of the petitioner and grandfather of respondent Nos. 6& 7 was acquired at the instance of Department of Local Bodies for construction of new bus stand at Doda and an award in this regard was made by the Collector on 05.03.1985. It is claimed by the petitioner that father of the petitioner challenged the initial notification issued by the Collector under section 4 of the Land Acquisition Act in this Court by way of a writ petition being OWP No.211/1981 (Dharam Singh v. Collector Doda and others), which was disposed of by this Court vide order dated 10.07.1986 with a direction to the Collector to consider the prayer of the petitioner therein for retention of some portion of the land acquired. In compliance to the aforesaid order of this Court, the Government vide order No.REV(MDJ) 42 of 1992 dated 06.04.1992 leased out land measuring 8 marlas comprising in Survey No.326 min situated at Doda for a period of 40 years to the petitioner and his brother, Sh. Krishan Singh, the father of respondent Nos. 6& 7. As is apparent from a bare reading of the aforesaid order, no premium for the allotment of the aforesaid 8 marlas of land was charged by the government for the reason that the interested persons i.e., Krishan Singh and Jagdev Singh, sons of Late Sh. Dharam Singh had not been paid any compensation for their land, which had been acquired at the instance of Director Local Bodies.

(3.) Be that as it may, the petitioner further submits that in the aforesaid civil suit, the matter landed in this Court by way of a revision petition being civil revision No.26/1995, which came to be disposed of with a direction to settle the matter in the light of proposal given by the official respondents in the aforesaid revision petition. Pursuant to the settlement arrived at between the petitioner and the Notified Area Committee, Doda and to settle the controversy once for all, respondent No.4 vide his order No.204-DLUBJ of 2004 dated 22.07.2004 read with order NO.362-DULBJ of 2004 dated 25.11.2004 allotted four shops at the ground floor and three shops at the first floor in favour of the petitioner Sh. Jagdev Singh on proprietary basis with easement right of the premises on the back side of the shops in lieu of 8 marlas of his proprietary land. On the basis of the aforesaid facts and the documents annexed with the petition, the petitioner contends that he has been in possession of the aforesaid shops for the last more than 12 years and that his possession on the aforesaid shops is continuous and settled and respondent No.4 could have reviewed his own order and unsettle the settled position by giving half of the share in the aforesaid shops allotted exclusively to the petitioner on proprietary basis, to respondent Nos.6& 7. He therefore, challenges the impugned order on several grounds but the grounds, which were projected during the course of arguments, may be noticed as under:-