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| Land acquired by PDD in 1982 | | Either appoint or pay compensation to petitioner: HC | | EARLY TIMES REPORT
Jammu, Jan: 10 :-The High Court today directed the PDD to pay compensation for the land acquired by it in 1982-83 from petitioner No1 or appoint petitioner No 2 in the department.
Justice Sunil Hali after taking cognizance of the petition filed by HR Sudan and others observed that the stand of the petitioners is that the land in question was allotted to petitioner No.1 in the year 1965, as a refugee and necessary revenue entries were also effected in the revenue records. It is contended that though mutation was attested in favour of the petitioner no.1 in the year 1997, but he has all along been shown as allottee of the land since the year 1969, as per the record produced by the respondents themselves.
The contention of the respondents that since the land was State land, petitioner no.2 could not be appointed, is misconceived because, in the same breath they have taken two different stands. The stand taken in first set of objections was that since the compensation has been paid to the petitioners, case of appointment of petitioner no.2 could not be considered, whereas in the second set of objections a different stand has been taken that since the land is State land, the case cannot be considered either for payment of compensation or for appointment of petitioner no.2.
Since the land was allotted to the petitioner as a refugee and revenue entries have been affected to the same effect, respondents cannot absolve themselves from either paying compensation for acquisition of this land or in the alternative appoint the petitioner no.2. Since the respondents have considered the case of the appointment of petitioner no.2 and after getting all the formalities in this behalf completed from petitioners, they cannot be allowed to dispute their own recommendations and directed to appoint the petitioner No 2 or pay compensation @ of market.
The land was acquired by the respondents for installation of 33 KV Receiving Power Station and HT Lines in the year 1982-83. NO compensation was paid and nor appointment petitioner No2, has directed respondents to issue the appointment orders of petitioner no.2, or in the alternative pay compensation along with interest on the basis of the present market value, to the petitioners, within a period of two months. This direction is being issued in view of the fact that no acquisition proceedings have been undertaken by the respondents before taking over the land from the petitioners.
JNF
JNF/JANUARY/10/2011/2
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