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HC summons AC, Tehsildar in land compensation case
9/7/2009 10:53:00 PM
Early Times Report
Jammu, Sept 07- In a land compensation case Justice Mansoor Ahmed Mir of J&K High Court Jammu Wing has directed Collector land acquisition (AC Revenue) Rajouri and Tehsildar Thanamandi to appear in person before the Court along with record relating to the relevant point of time and to cause presence of those officials and ministerial staff who were holding the posts at the relevant point of time.
These directions were passed in a petition filed by Mohammed Afzal and Nissar Hussain sons of Sallah Mohammed.
In view of the seriousness of the matter, the HC directed the respondents to appear in person and also directed Deputy Commissioner Rajouri to conduct an enquiry and submit its report before the next date of hearing. JNF
The petitioners submitted that land measuring three Kanals and 5 Marlas in village Purana Thanna, Tehsil Thanamandi was the property of one Sallah Mohammed father of the petitioners. The petitioners claim that the land has never been acquired nor any compensation has been paid and value of the land has been assessed @ 18000 per Kanal when the prevalent rate is more than Rs 3 lakhs per Kanal. The petitioners claimed that their father never shared with them that the land has been acquired and compensation has been paid. The respondents in their objections averred that an amount of Rs 67275 came to be paid as compensation to Sallah Mohammed whose signature has been taken and also receipt has been taken on identification of one Mohammed Rafiq Mir. Advocate Tahir Khurshid Raina denied the factum of issuance of cheque for the said amount and receipt of cheque by Sallah Mohammed father of the petitioners and also sought time to verify the same from the petitioner.
The Court also directed Additional Advocate General AH Qazi, appearing for the state, to verify whether the cheque has been en-cashed by the father of the petitioner. Counsel for the petitioners on August 3, 2009 stated at Bar that he has ascertained from the Punjab National Bank Rajouri and obtained a certificate to the effect that account No 5007 did not exist or opened with the said bank and no such cheque was en-cashed. Counsel for the petitioner was given time to file an affidavit, accordingly, advocate TK Raina has filed supplementary affidavit along with the certificate issued by the Manager PNB Rajouri. JNF

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