Disposed

Gurdev Chand v. U T of J and K Th Commissioner Secretary Revenue Deptt and Others

J&K HC6 Dec 2022WP(C)/2644/2022

Case brief

AI extract

What is this about?

The petitioner challenged the land acquisition process for an expressway, requesting compensation and consideration of his representation. The court directed the Respondent-Collector to consider the representation and decide it under Section 94 of the Land Acquisition Act 2013 within two months.

What did the court decide?

Direction to Additional Deputy Commissioner/Collector, Land Acquisition, Kathua to consider the petitioner's representation on compensation and decide it under Section 94 of the Act of 2013 within two

Gurdev Chand Vs U T of J and K Th Commissioner Secretary… — Land Acquisition | J&K HC (2022)

¶1

Serial No. 27 Supplementary-1 Cause List

¶2

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

¶3

WP (C) No. 2644/2022 CM No. 7303/2022

Dr. Gurdev Chand

… Petitioner(s)

Through: -

Mr Gagan Kohli, Advocate.

V/s

UT of JK & Ors.

… Respondent(s)

Through: -

Ms Monika Kohli, Sr. AAG.

¶13

CORAM:

¶14

Hon’ble the Chief Justice Hon’ble Mr Justice Rahul Bharti, Judge

¶15

(ORDER)

¶16

06.12.2022

¶17

Ali Mohammad Magrey-CJ (Oral):

¶18

The short grievance projected by the Petitioner in this Petition relates to the process of acquisition initiated by the Respondents in terms of public notice dated 1^st of December, 2022 and notification dated 24^th of March, 2022 with regard to major portion of the house of the Petitioner measuring 44’ x 51’ out of the total area of 51’ x 80’ for the public purpose of construction of Jammu and Kashmir-Amritsar-Delhi Expressway. It is stated that the Petitioner requested the Respondents to acquire the complete house of the Petitioner while convening the acquisition proceedings, instead, the remaining portion of the house will turn useless after the process of acquisition is over. The Petitioner is also stated to have requested for payment of adequate amount of compensation with respect to his property sought to be acquired in tune with the mandate of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act of 2013’).

¶19

Learned Counsel appearing for the Petitioner, while reiterating the claim made in the Petition with the support of the pleadings on record, submitted that the Petitioner has already submitted a detailed representation before the Respondent No.2-Additional Deputy Commissioner/ Collector, Land Acquisition, Kathua for seeking the redressal of his grievance, but despite lapse of considerable period of time, no action with respect thereto has been taken.

¶20

Before proceeding further and in view of the nature of relief sought for, we thought it just and proper to seek the assistance of the Respondents on the issue involved. Accordingly, Ms Monika Kohli, the learned Senior Additional Advocate General, entered appearance on behalf of the Respondents and submitted that there shall be no difficulty for the Respondent-Collector to consider and decide the representation filed by the Petitioner in accordance with the law governing the subject.

¶21

Given the above position and with the consensus of the learned Counsel for the parties, we dispose of this Petition with a direction to the Respondent No.2- Additional Deputy Commissioner/ Collector, Land Acquisition, Kathua to consider the representation stated to have been filed by the Petitioner with regard to acquisition of his property, as aforesaid, and decide the same in accordance with the law governing the subject, more particularly Section 94 of the Act of 2013 expeditiously, and in any case not later than two months from today.

¶22

Writ Petition disposed of as above, along with the connected

¶23

CM.

¶24

(Rahul Bharti) (Ali Mohammad Magrey) Judge Chief Justice JAMMU December 6^th , 2022 “TAHIR”

Gurdev Chand v. U T of J and K Th Commissioner Secretary Revenue Deptt and Others

Case brief

What is this about?

What did the court decide?

Gurdev Chand v. U T of J and K Th Commissioner Secretary Revenue Deptt and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Commissioner of Central GST and Central Excise J and K Jammu Vs M/S Jindal Drugs Ltd. Epip Kartholi Sidco Industrial Complex Bari Brahmana Jammu J and K

Commissioner of Cgst and Central Excise Vs Emcure Pharmaceuticals Ltd. Sidco Jammu

Commissioner of Central GST and Central Excise J and K Jammu Vs M/S Masters India Sidco Industrial Complex Bari Brahmana Jammu J and K

Swarn Lata Goel Vs Jammu Municipal Corporation Th Its Commissioner Jammu and Others

Parshotam Lal and Anr. Vs Raj Kumar Goyal Pr.Secy.Home Deptt.and Anr.

Ghulam Mohd.and Ors. Vs State Th.G.a.D.and Ors.