SHANKER DASS Vs. STATE OF J&K & ORS

JUDGEMENT

(1.) The writ petition is of the year 2005 which stands admitted in the year 2008. No counter has been filed by the respondents after admission.

(2.) Petitioner claims that he was in occupation of Government land in the Railhead Complex area of Jammu along with other 20 families where were thereafter re-designated into 38 families. Petitioner claims to be one among them. He pleads that he along with his brother had been in occupation of 33 kanals of land on the basis of Annexure-D which is a revenue record. He also relies upon Annexure 'C to show that some compensation was paid in lieu of taking over the property for purpose of construction of road between Gandhi Nagar Extension and Railhead Complex Jammu by the Government in Jammu Development Authority. In this regard counsel for the petitioner relies upon Annexure-F. Government issued an order No. 171-UD of 1984 dated 21.04.1984 wherein sanction was accorded to lease out certain extent of land for a period 20 years on payment of premium rate of Rs.3,000/- per kanal and annual ground rent at the prevalent market rates. It contains other conditions also.

(3.) According to the petitioner, he was allotted 24 marlas of land whereas he will be entitled to additional land to the extent of 16 marlas.