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| HC comes to the rescue of poor farmer | | ‘Directs DC Jammu to settle land compensation case within 8 weeks’ | | Early Times Reporter
Jammu | Sep 6
State High Court today came to the rescue of a poor farmer, whose land was acquired by the defence in the year 1964 and was struggling for compensation for about last 44 years, when Justice JP Singh of J&K High Court Jammu Wing in a significant judgment directed Deputy Commissioner Jammu to deiced the petitioner's claim for compensation of acquired land within a period of eight weeks. The court also directed the Union of India through Ministry of Defence and Director Estates Northern Command to
deposit the compensation.
The petitioner filed this petition seeking issuance of a command to the respondents to pay him compensation for the land which Deputy Commissioner Jammu had requisitioned for defence purpose. The case of the petitioner is that his land measuring 39 Kanals 12 Marlas situated in village Tara Dala Tehsil Jammu had been occupied by the Ministry of Defence in pursuant to its requisition by the Deputy Commissioner Jammu, but no compensation had been paid to him despite the fact that mutation under Government order No LB-6 of 1958 had been attested in favour of his father during his life time, thus acknowledging his possession over the land much prior to its occupation by the Director Estate Defence Northern Command. The respondents stated that petitioner's land requisitioned for defence purpose in the year 1964 against scheme and petitioner's father had been shown in the revenue records to be in possession of land prior its occupation by the Defence. According to the Deputy Commissioner Jammu petitioner may not be entitled to full compensation but his claim for rental compensation may require consideration under rule.
While deciding the case of the petitioner with the consent of counsel for the parties, who were also heard, Justice Singh observed that in view of the admitted factual position that petitioner's father was in occupation of the said land and mutation stood attested in his favour, Deputy Commissioner Jammu, being the requisitioning authority, was under a legal obligation to decide petitioner's claim as to his entitlement to compensation for the land which after its requisition by him had been occupied by the Ministry of Defence and allowed the petition with the direction to Deputy Commissioner Jammu to decide the claim of petitioner for compensation of land within a period of 8 weeks and in case the petitioner is held entitled, Ministry of Defence and Director Estate Northern Command shall deposit compensation with the Deputy Commissioner Jammu within a period of six weeks. The compensation so deposited shall be released in favour of the petitioner in accordance with law. JNF |
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