MOHD AKBAR MIR Vs. GH MUSTAFA MIR

JUDGEMENT

(1.) ORDER dated 09.11.2005 passed by learned District Judge, Budgam is under challenge whereunder petitioner has been commanded to deposit the amount of compensation before the court within three weeks from the date of order for being kept in FDR till reference is decided. It was further stipulated in the order that failure to deposit the compensation amount shall warrant coercive measures for recovery.

(2.) THE short question for consideration is as to whether the District Judge has the power to order for deposit of the compensation money received by the petitioner. For appreciating this controversy precisely factual aspect of the matter is to be noticed.

(3.) THE subject matter of the reference is a piece of land measuring 12 kanals and 6 marlas covered by Survey No. 1223 -24/188 in alongwith other property which had been acquired for construction of Railway Station, Nowgam of the proposed Qazi Gund - - Baramulla Rail Project. The land aforesaid is recorded in the name of the petitioner. The respondents seem to have projected before the Collector that land in question actually is owned by the respondent but he had purchased it in the name of petitioner. Dispute regarding title of the land arose consequent to which the Collector made reference to the reference Court i.e. District Judge, Budgam. However, while making the reference the amount of compensation was not deposited in the reference Court as was required to be done in terms of Section 32(2) of the Land Acquisition Act. Instead Collector retained the compensation amount. Respondents filed suit before the Court of Judge Small Causes Court (Sub Judge) Srinagar whereunder order of status -quo was granted with regard to the disbursement of the compensation. The said order was challenged by medium of Civil Revision Petition No. 52/1999. During the pendence of Revision Petition, petitioners herein have filed IA No. 204/1999 which has been disposed of vide order dated 04.06.1999 with the direction to respondent/Collector to disburse the amount of compensation to the rightful claimant without any delay. Subsequently, revision petition no. 52/1999 has been finally disposed of on 14.02.2002 and the order of Status -quo passed by Judge Small Causes Court, Srinagar has been set aside. In the meantime, what happened is that the Collector disbursed the amount of compensation in favour of the petitioners while referring to the order of this Court dated 04.06.1999.