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| Pay compensation or return land to owner: HC to Union of India | | | Early Times Report
Jammu, May13- Coming to the rescue of the petitioner Haji Mohammed Hussain who has been clamoring for compensation for the last few years of his land situated at village Sunjwan acquired by the respondents for defence purposes, Justice Mohammed Yaqoob Mir of Jammu and Kashmir High Court Jammu Wing today directed of Union of India and others to initiate necessary proceedings for acquiring the land measuring 9 Kanals 14 Marlas owned by the petitioner within a period of 6 weeks in case they require the same. In case the land in question is not required the same shall be returned to the petitioner within a period of eight weeks positively and in case of default, the respondents Union of India and others shall be liable to the cost of rupees 50,000, the Court ordered.
While directing the Union of India and others Justice Mir observed that the petitioner for no fault has been made to suffer and has been clamouring for justice for the last many-many years, it shall be too much to make the petitioner to wait any more.
This significant judgment has been delivered by the High Court in a petition filed by Haji Mohammed Hussain through Advocate CM Koul in which it has been submitted that petitioner is the owner of land measuring 9 Kanal and 14 Marlas situated at village Sunjwan Jammu. The said land is stated to have been occupied by the respondents for the Defence purpose whereas no compensation has been paid to the petitioner nor procedure has been adopted for acquisition, the petitioner has been illegally divested of his ownership as well as the possession over the land in question.
According to VK Magoo Assistant Solicitor General of India, appearing for the respondents Union of India and Defence Authorities, submitted that land in question is under legal occupation of the respondents that the land measuring 312 Kanals and 10 Marlas under Khasra No 786 of village Sunjwan has been duly acquired and is under legal possession of the respondents. This position is not denied by the petitioner and or by the Deputy Commissioner Jammu. Court further directed that Deputy Commissioner shall also render proper assistance to the Union of India in case of acquisition and request is made thereof. JNF
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