Disposed

Madan Lal v. Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

J&K HC10 Sept 2021WP(C)/1682/2021

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What is this about?

The High Court held that entitlement to land acquisition compensation was a factual dispute unfit for writ jurisdiction and disposed of the petition, directing the collector to consider payment after notice to rival claimants.

What did the court decide?

Petition disposed with liberty to approach Collector Land Acquisition for payment with notice to rival claimants.

Madan Lal Vs Union Territory of Jammu and Kashmir Th Secretary… — Land Acquisition | J&K HC (2021)

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Sr. No. 2

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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CJ Court

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Case: WP (C ) No. 1682 of 2021

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Madan Lal

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…Petitioner(s)/Appellant(s)

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Through: Sh. Ajay Kumar, Advocate.

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V/s

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Union Territory of J&K and Others

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…. Respondent(s)

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Through: Sh. S.S. Nanda, Sr. AAG

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

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Heard Sh. Ajay Kumar, learned counsel for the petitioner and Sh. S.S.

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Nanda, learned counsel for the respondents.

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The petitioner is claiming compensation in respect of land measuring 03 kanals and 07 marlas comprising Khasra No. 117/68 Min which was acquired for the establishment of AIIMS at Vijaypur. In respect of the said acquisition, final award was made on 02.08.2017 and under the award the petitioner’s predecessor Smt. Shanti Devi is entitled to a compensation of Rs. 11,55,750/-. The said Shanti Devi during his life time has executed a Will dated 26.07.2001 in favour of the petitioner and therefore, on the basis of the said Will, the petitioner is entitled to the above compensation.

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The argument of the learned counsel for the petitioner is that the respondents are not paying compensation as per the aforesaid award to the petitioner probably on the pretext that there is some dispute with regard to its entitlement between the successors of Smt. Shanti Devi.

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Learned counsel for the petitioner submits that the dispute between the successors has already been settled and there is a decree of the civil court

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in favour of the petitioner and, as such, he alone is entitled for the entire compensation.

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The issue whether petitioner alone is entitled to the entire compensation or it has to be apportioned is a factual dispute which cannot be considered by us in exercise of discretionary jurisdiction. Accordingly, we dispose of the petition with liberty to the petitioner to approach the Collector Land Acquisition for the payment/release of the compensation which is due and payable to Smt. Shanti Devi as per the award dated 02.08.2017 along with all documentary proof regarding his entitlement and, in case, any such application is filed, the Collector Land Acquisition shall consider it after giving notice to the rival claimants by passing a speaking order most expeditiously preferably within a period of three months.

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The writ petition is disposed of.

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(RAJNESH OSWAL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE Jammu 10.09.2021 Tilak

Madan Lal v. Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

Case brief

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Madan Lal v. Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

Case brief

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