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| DB directs petitioners to approach Div Com for rehabilitation | | | Early Times Report
JAMMU, Sept 17: In the petition filed a Committee of Mohalla Ghat Shalimar. The petition has been filed in the representative capacity by the President of the said Committee seeking direction upon the respondents to take steps for the rehabilitation of the petitioners and either to acquire the land of the inhabitants of Ghat Shalimar or in the alternative to lift the ban imposed on construction in the area, A Division Bench of Jammu & Kashmir High Court Comprising Chief Justice Panak Mithal and Justice Vinod Chatterji Koul directed petitioners to approach Divisional Commisisoner Kashmir for rehabilitation.
DB observed that it appears from the records that the land of the said area was notified to be acquired under Section 4 (1) of the Land Acquisition Act 1990 on 24th March 1979. Counsel for the petitioner admits that in pursuance thereof, no declaration under Section 6 has yet been made and there is no award which means that the land has not been actually acquired except for notifying the proposal to acquire it. In the event, the land has not been acquired, there is no question of its denotification or rehabilitation of the petitioners.
DB further observed that there is no averment in the writ petition that the petitioners are being dislodged from the land under their occupancy. In such circumstances, the relief of rehabilitation is meaningless.
As far as the submission that the petitioners are not being allowed to repair their houses on the pretext that the area is within 200 meters of the Dal. DB said that in this regard each case has to be examined independently by the authority concerned. It is therefore appropriate if all those who are affected and wants any repairs to be carried out in their properties may approach the LAWDA in the prescribed form and make separate and independent applications in that regard and we expect that such applications shall be entertained and considered on their own merits in accordance with law.
DB further said that in case, the petitioners wants that the scheme of rehabilitation which is underway be considered and finally decided, it is open for him to approach the Divisional Commissioner, Kashmir in this regard who may take appropriate action as may be permissible in law.
—JNF |
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