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| HC directs DC Ramban, SDM Banihal to decide claims of petitioners for release of payment | | Delay in payment of compensation to land owners of Tethar-Takiya Road | | Early Times Report
Jammu, Feb 10: In a significant order Justice Alok Aradhe of High Court (Jammu Wing) in a writ petition filed by residents of Villages Tethar, Banihal directed Deputy Commissioner Ramban and Collector Land Acquisition Banihal to decide the claims of the petitioners for the payment of due amount in accordance with law within a period of four weeks.
When this writ petition filed by Ghulam Hassan Shan along with other residents of village Tethar, Banihal came up for consideration advocate Irfan Khan appearing for the petitioners submitted that in 2013 despite the completion of the construction work of Tethar-Takiya Road only 50 percent of the awarded compensation has been paid to some petitioners and in case of petitioners 11 to 15 not even a single penny has been paid till date.
The advocate submitted that in 2011 the Executive Engineer Public works Department submitted an indent to Collector Land Acquisition Banihal for the construction of Tethar-Takiya Road as the same was sanctioned under NABARD RIDF-XVI and accordingly acquisition proceedings were initiated by the Collector Land Acquisition Banihal and the land of the petitioners along with other inhabitants was acquired.
He submitted in 2013 award was finalized and the compensation at the rate of Rs 5.50 lac per kanal was fixed and the total compensation awarded for 28 kanals and 15 ½ marlas and Jabrana at the rate of 15 percent was Rs 18200187.00 and out of that only 50% was paid to most of the petitioners and nothing to petitioners 11 to 15. The liability has been admitted by the Collector Land acquisition Banihal in response to the legal notice wherein it has been stated that out of 1.82 crore only Rs 31.37 lac has been disbursed and the remaining Rs 1.50 Crore is still pending.
The advocate submitted that appropriate directions be issued to the respondents to release the outstanding compensation beside interest as per section 35 of J&K Land Acquisition Act which is mandatory as the same is integral part of compensation. He relied on the judgment of the Apex Court passed in case of Laxmi Devi wherein the delay on part of State in paying compensation to a land owner is an act of 'carelessness and callousness" beside the same amounts to flagrant violation of fundamental rights of the petitioners as guaranteed under Constitution of India. Ehsan Mirza Deputy Advocate General submitted that suitable action in accordance with law shall be taken. After hearing both the sides, Justice Alok Aradhe directed Deputy Commissioner Ramban and Sub-Divisonal Magistrate Banihal to decide the claims of the petitioners for payment of due amount in accordance with law within a period of four weeks. |
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