Disposed

Tilak Raj and Ors. v. State Th.Housing and Urban and Ors.

J&K HC22 Dec 2022OWP/560/2003

Case brief

AI extract

What is this about?

The Court allowed an application to place municipal communications regarding land acquisition for a 'Vijaya' park on record. The High Court disposed of the writ petition by directing the Deputy Commissioner and Municipal Corporation Commissioner to initiate acquisition with fair compensation within two months.

What did the court decide?

Permission to place communications on record granted. Writ petition disposed with direction to authorities to effect land acquisition with fair compensation within two months.

Tilak Raj and Ors. Vs State Th.Housing and Urban and Ors. — Land Acquisition | J&K HC (2022)

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Sr. No. 01

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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OWP No. 560/2003

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Tilak Raj & Ors.

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….Petitioner(s)/Appellant(s)

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Through :- Mr. P S Dutta, Sr. Advocate with Mr. Nityan Dutta, Advocate.

V/s

State & Ors.

….Respondent(s)

Through :- Mr. S S Nanda, Sr. AAG.

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HON’BLE THE CHIEF JUSTICE (ACTING) CORAM: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

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ORDER 22.12.2022

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Application bearing CM No. 7554/2022 has filed by the applicants/ petitioners seeking to place on record communications issued by the Municipal Corporation dated 08.04.2015 and 01.05.2015 addressed to the Deputy Commissioner, Jammu and the Assistant Commissioner, (Revenue) Jammu.

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For the reasons stated in the application along with submissions made at the Bar, the same is allowed. Communications annexed herewith are ordered to be taken on record.

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CM stands disposed of.

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OWP No. 560/2003

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A perusal of the aforesaid communications reveals that the Municipal Council has developed the park by the name “Vijaya” at Nai Basti opposite Peer Baba, Jammu wayback in 1970, on a piece of land measuring 09 kanals 01 marla which was under the ownership of the applicants/petitioners herein.

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It is also stated that the land in question belongs to the petitioners herein and the matter was taken up with the Administrative Department vide communication dated 03.03.2015 to process the case for land acquisition as per revenue records. Further, communication dated 01.05.2015, issued by the Commissioner, Municipal Corporation, Jammu to the Assistant Commissioner (Revenue), Jammu, suggests that sufficient funds are available with the department of Municipal Corporation Jammu to meet the cost of acquisition of subject land. Since the park has been constructed and is running on spot, therefore, the Jammu Municipal Corporation is willing to expedite the acquisition process through private negotiation with the owners of the land.

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Be that as it may, instead of keeping this writ petition pending on the files of the Court, we deem it proper to dispose of the writ petition with a direction to the Deputy Commissioner, Jammu as well as the Commissioner, Municipal Corporation, Jammu to do the needful in terms of communications referred hereinabove within a period of two months from the date a copy of this order is served upon them. It is provided that if the Deputy Commissioner, Jammu as well as the Commissioner, Municipal Corporation, Jammu are willing to acquire the land in question, in that eventuality, they may go ahead with the process of acquisition by providing fair compensation for the land in question to the petitioners strictly as per the rules governing the field.

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Accordingly, the writ petition is disposed of along with connected applications.

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(Rajesh Sekhri) (Tashi Rabstan) Judge Chief Justice (Acting)

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Jammu: 22.12.2022 A binash

Tilak Raj and Ors. v. State Th.Housing and Urban and Ors.

Case brief

What is this about?

What did the court decide?

Tilak Raj and Ors. v. State Th.Housing and Urban and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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