Partly allowed

Mohammad Younus Mir and Ors. v. Union Territory of J and K through Principal Secretary to Govt Public Works ( R and B) Deptand Ors.

J&K HC3 Oct 2023WP(C)/1216/2021

Case brief

AI extract

What is this about?

Matter disposed of due to withdrawal of writ petition by one petitioner and passing of compensation award by Collector on other, directing respondent to release apportioned compensation amount within two months.

What did the court decide?

Writ petition dismissed as withdrawn to extent of petitioner no.6; in WP(C) no.1025/2023, respondent directed to release apportioned compensation amount within two months.

Mohammad Younus Mir and Ors. Vs Union Territory of J and K… — Land Acquisition | J&K HC (2023)

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S. No. 15

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Regular Cause List

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IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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WP(C) no. 1216/2021

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Mohammad Younus Mir and others

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…Appellant(s)/Petitioner(s)

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Through: Mr. J. H. Reshi, Advocate

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Mr. S. N. Ratanpuri, Adv. with Ms. Fiza, Advocate in WP(c) no. 1025/2023

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Mr. F. A. Lone, Adv. in CM no. 1960/2023

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Vs.

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UT of JK through Principal Secy. to Govt. Public Works (R&B) Deptt. and ors.

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...Respondent(s)

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Through: Mr. Mubeen Wani, Dy. AG Mr. Illyas Laway, GA

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CORAM:

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HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER

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03.10.2023

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WP(C) no. 1216/2021

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Mr J.H.Reshi, Advocate for petitioners

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Mr Mubeen Wani, Dy.AG and Mr Ilyas Laway, GA for respondents

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Through the medium of this writ petition, petitioners seek a direction, by way of writ of mandamus, upon respondents not to proceed with construction of road from National Highway to Bhat Mohalla (Cherwan) Kangan, District Ganderbal without first complying with the procedure prescribed under law with a further direction to settle the compensation payable to petitioners by way of private negotiation or passing of an award as required under the provisions of newly promulgated legislation, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “ Act of 2013 ”).

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Reply was filed by respondents. It was brought to the notice of this

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Court that writ petition has become infructuous as Award in the matter was passed on 15.02.2022 by Collector, Land Acquisition, Kangan.

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During pendency of this writ petition, an application bearing CM no.1960/2023, came to be moved by the applicant-petitioner no.6, namely, Ghulam Nabi Magray, which is supported by an affidavit, for withdrawal of writ petition. In the said application, the petitioner no.6/ applicant has stated that while writ petition is pending consideration, an Award under Section 23 of the Act of 2013, has been passed by the Collector Land Acquisition on 15.02.2022. In terms of the said award, the applicant along with the other landowners have been held entitled to an amount of Rs.6,32,19,726/- for their land and assets in equal proportions. He has placed on record the copy of the award. He also submits that he may be permitted to withdraw this writ petition with liberty to reagitate the matter in case cause survives. He submits that he has right to receive the compensation which has been assessed in the said award. It is further stated that part payment has been made and remaining part of the compensation is yet to be released.

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For the reasons stated in the application, same is allowed. Writ petition No.1216/2021 to the extent of petitioner no.6 is dismissed as withdrawn with liberty as prayed for.

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The petitioner no.6/applicant is said to have filed a fresh writ petition bearing WP(C) no.1025/2023

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CM no. 1960/2023 is disposed of.

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Mr. Illyas Laway, learned GA, has raised an objection with reference

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to maintainability of the instant writ petition on the ground of it having become infructuous consequent upon passing of Award. He also states that part payment has already been released and remaining amount would also be released in due course in favour of claimants.

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The petition shall stand disposed of in view of above.

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WP(C) no.1025/2023

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Mr S.N.Ratanpuri, Advocate with Ms Fiza Advocate for petitioner Mr Mubeen Wani, Dy.AG and Mr Ilyas Laway, GA for respondents

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In terms of order dated 18.09.2023 passed in WP(C) no. 1216/2021, this petition is also taken up for consideration.

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10.In this petition the petitioner has prayed for the following relief: “Writ of Mandamus, commanding the respondents to release and pay the apportioned amount of compensation (Rs. 1,48,08,309/-, Rupees One Crore Fourty Eight Lacs Eight thousand Three Hundred Nine only) as assessed in favour of the petitioner without any further delay along with interest @ 12% per annum”.

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11.Heard learned counsel for the parties and perused the record on file.

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12.In view short controversy involved in the instant writ petition, the same is disposed of with a direction to the respondent to release the apportioned amount of compensation as assessed in favour of the petitioner by virtue of Award dated 15.02.2022 within a period of two months.

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Disposed of along with connected CM(s).

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(VINOD CHATTERJI KOUL) JUDGE

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SRINAGAR 03.10.2023

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“ Imtiyaz”

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Mohammad Younus Mir and Ors. v. Union Territory of J and K through Principal Secretary to Govt Public Works ( R and B) Deptand Ors.

Case brief

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Mohammad Younus Mir and Ors. v. Union Territory of J and K through Principal Secretary to Govt Public Works ( R and B) Deptand Ors.

Case brief

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