BODH RAJ Vs. STATE OF J&K

JUDGEMENT

(1.) By the present petition, petitioner inter alia is seeking writ of certiorari quashing the interpolation made in the award at serial No.34 and 35 and also seeking mandamus commanding the respondents to pay the compensation assessed under the award along with interest.

(2.) Deputy Commissioner, Kishtwar-respondent No.3 issued acquisition notice No.249-254/ACR/LA dated 15.09.2007 under section 4(1) of the Land Acquisition Act, Svt. 1990, (for short the Act) for acquiring land measuring 51 Kanals 6 Marlas including the land falling under Khasra Nos. 595 and 596 owned by the petitioner, situated at Village Lachkhazna, Tehsil and District Kishtwar for construction of Deputy Commissioner Office at Kishtwar and in the said notice, stipulated time was fixed for filing objections if any, from the owners of the land mentioned in the notice. Respondents further processed acquisition proceedings under sections 6, 4 and 17 of the Land Acquisition Act and the same was also published on 30.01.2008. Further notification under Sections 9 and 9(a) of the Act was also issued on 16.02.2008 whereby invited objections with regard to amount of compensation and measurement of land. However, neither the land owners nor the petitioner had filed objections within the stipulated time. Accordingly, the Collector Land Acquisition, Kishtwar i.e., respondent No.3 after completion of all procedural requirement issued an award in the sum of Rs. 2,36,09,500/- (Two Crore Thirty Six Lacs Nine Thousand and Five Hundred only). A certificate has been recorded that the payment of compensation of land will be made in accordance with the provisions of Agrarian Reforms Act, 1976 and Circular instructions issued under LB-10 of 1980 dated 23.02.1980. The land owned by the petitioner under Khasra Nos. 595 and 596 measuring 4 Marlas each was also acquired for public purpose i.e., for construction of the office of Deputy Commissioner, Kishtwar. The entries made in the revenue record as obtained from field book indicates that Bodh Raj (petitioner) is a shareholder of land under Khasra No.595 and 596 which has been acquired and compensation assessed. However, during finalization of award respondent No.3 had noticed that one of the land owner i.e. the petitioner has managed his exclusive Girdawari in cultivation column in the year 1985 which seems to have been carried forward by the field staff till 2008. These facts have been discussed in the report of field staff which prohibited by law as there were no orders from the competent officer like Tehsildar/Collector. The report envisages that the petitioner has got himself recorded in the cultivation column exclusively contrary to the position of land in 1984, hence respondent No.3-Collector Land Acquisition, Kishtwar presuming it that there is a violation of Agrarian Reforms Act or LB-10 of 198 dated 23.02.1980, therefore, the Collector came to the conclusion that petitioner is not entitled to compensation, the same has been escheated to state.

(3.) Respondents have filed the objections, strenuously resisting the writ petition.