HAJI MOHD. ABDULLAH Vs. STATE AND ORS.

JUDGEMENT

(1.) The petition is admitted for hearing. With consent of the learned counsel for the parties, the matter is heard finally.

(2.) Facts giving rise to the filing of this writ petition briefly stated are that during the course of laying of railway track in the year 2006 and construction of an access road, namely, Digdol and Urnihal access road Phase-II by the respondents, the rolling stones towards downhill side have damaged the property referred towhich belongs to the petitioner and made the land uncultivable. It is the case of the petitioner that the petitioner has approached the respondent No.3, namely, Collector, Ramban, who after due verification of the damages caused to the property of the petitioner, by communication dated 01.07.2009 referred the matter to respondent No.5 to release the amount of damages in favour of the petitioner. The respondent No.5 on receipt of the aforesaid communication on 15.07.2009 forwarded the claim of the petitioner to the office of respondents 6 and 7. Thereupon, a three Member Committee consisting of Section Engineer of Northern Railways, Site Engineers of M/s Ircon International and one representative (Patwari) of Revenue Department inspected the site jointly and damages towards the land and the house, were found to be genuine and the case was further forwarded to the authorities for necessary action. However, in respect of the fruit and non fruit bearing trees, it was found that no such trees were found at the site. Thereafter, on 25.05.2011, a three Member Committee consisting of Assistant General Manager, Zone II and III, Ramban, Deputy General Manager, Finance and Assistant General Manager, Banihal assessed the damage caused to the property in the year 2011 and observed that in case of non-payment of the amount of compensation, the crop compensation will continue till finalization of the matter.

(3.) On 22.11.2011 under directions of the Divisional Commissioner, Jammu and under supervision of Collector, Land Acquisition, Ramban, six Member Committee consisting of officers of various departments including Deputy Commissioner, Northern Railways, Banihal conducted a detailed verification in respect of damages caused in various villages of District Ramban and came to the conclusion that Railway Department will pay the compensation for land damage, five year crop damage and residential houses damage. However, in case of trees, the team could not ascertain the damage as the case was prepared in the year 2007. However, it was unanimously decided that construction company will pay the damages to the tune of 30 per cent on account of fruit bearing trees and 60 per cent in case of non fruit bearing trees. The respondents 4 to 7, however, failed to release the amount in favour of the petitioner in terms of the decision. Thereupon, the petitioner approached this Court by filing the instant writ petition and sought the relief as stated supra.