Allowed

Ghulam Nabi Ahangar v. U T of J and K Th Commissioner Secretary Revenue Deptt and Others

J&K HC5 Dec 2023WP(C)/2346/2022

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition based on a precedent, setting aside a final award regarding land acquisition. The court directed the Collector to pass a fresh award using 1990 Act yardsticks while considering possession dates and prior compensation received.

What did the court decide?

The final award dated 22.09.2022 set aside; fresh award to be passed by applying 1990 Act yardsticks.

Ghulam Nabi Ahangar Vs U T of J and K Th Commissioner Secretary… — Land Acquisition | J&K HC (2023)

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Serial No. 06

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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Case:WP(C) No. 2346/2022

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Ghulam Nabi Ahangar aged 82 …..Appellant(s)/Petitioner(s) years Son of Mohammad Sultan Resident of Village Chilly, Bala, Tehsil Gandoh District Doda

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Through: Mr. G. S. Thakur, Advocate.

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Union Territory of Jammu
& Kashmir,
Through
Commissioner/Secretary,
Revenue Department,
Government of Jammu &
Kashmir, Jammu.
2. The Collector (Sub
Divisional Magistrate)
Land Acquisition,
Gandoh.
3. Executive Engineer

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The Collector (Sub
Divisional Magistrate)
Land Acquisition,
Gandoh.
3. Executive Engineer
Public Works Department
(Roads & Buildings)
Division Gandoh

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.…. Respondent(s)

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Through: Mrs. Monika Kohli, Sr. AAG. Mr. Ravinder Gupta, AAG.

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Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

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ORDER (05.12.2023)

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Heard learned counsel for the parties and perused the pleadings.

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2 WP(C) No. 2346/2022

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In the face of the facts and circumstances of the case, both sides are in agreement that let the disposal of this writ petition is to take place on identical lines as per the judgment dated 16.11.2022 passed by the Hon’ble Division Bench in WP(C) no. 1274/2020. This agreement between the counsel for the disposal of this writ petition proceeds on the basis that the facts and circumstances of the present case are identically placed with that of the case in said WP(C) no. 1274/2020 and the position of law applies on all fours, accordingly, this writ petition is disposed of with the directions as under:-

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a) The final award dated 22.09.2022 insofar as it pertains to the petitioner is set aside.

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b) The Collector Land Acquisition, Doda shall pass fresh award qua the petitioners only and for that purpose shall construe 22.09.2022 (date of final award) as the relevant date for determination of market value but shall apply the yardsticks for assessment of compensation provided under the 1990 Act in respect of acquired land of the petitioner only. The Collector shall calculate other statutory benefits on such amounts including interest to be calculated and determined by taking into consideration the date of taking over possession w.e.f. 06.08.2018.

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c) The date on which fresh award is passed in favour of the petitioner pursuant to this judgment and intimated to the

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3 WP(C) No. 2346/2022

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petitioner shall be the date of cause of action for seeking enhancement of compensation under the 1990 Act, if the petitioner is dissatisfied with the quantum of compensation offered.

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d) While making payment of compensation assessed in terms of this judgment, the amount of compensation, if any, received by the petitioner shall be taken into account.

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e) That the compensation determined in favour of the petitioner pursuant to this judgment shall not give cause of action to any other land loser, whose land is acquired under the same notification to seek re-determination of the compensation.

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Disposed of , accordingly.

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(RAHUL BHARTI) JUDGE

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JAMMU 05.12.2023

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Bunty

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Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

Ghulam Nabi Ahangar 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?

Ghulam Nabi Ahangar 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

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