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| HC directs state to pay compensation of land acquired in the year 1952 | | | EARLY TIMES REPORT
Jammu, June-01 (JNF):- In a historical judgment, Justice JP Singh of J&K High Court today directed State & Ors to pay compensation to land owners of Village Chak Balotrian whose land had came under Ramgarh-Khour Road which was constructed in the year 1952-1953.
Zamindaran of Village Chak Balotrian of Tehsil & District Samba in the year 1998 filed a petition seeking compensation for their land which was taken by the State Govt and others in the year 1952-53 for the construction of Ramgarh-Khour Road.
The petition was allowed In the year 1998 with a direction to State to treat the petition as representation for taking appropriate decision within a period of three months, the petitioner’s claim to compensation was rejected on the grounds that their predecessors-in-interest had voluntarily donated the land and in view of the provision under the state land acquisition Act, the land owners were not entitled to compensation. During the consideration of the petition, Advocate General appearing for the state, stated that the state may not be averse to Deputy Commissioner’s Re-Examining the petitioner’s grievances recording a finding on fact after hearing the parties as to whether the Villagers had donated the land for construction of road or it was otherwise taken possession by the state.
The Court after hearing the parties observed that keeping in view the fact that no records were available with respondents indicating that the villagers had donated the land and the fair statement of the advocate general conveying the respondents willingness to get the petitioner’s claim re-examined, this Court vide order March 10, 2010, directed Deputy Commissioner Samba to hold enquiry as to whether the land owners of village Chak Balotrian had donated their land.
The Deputy Commissioner Samba accordingly filed his report which was however found to have been made without hearing the state respondents. He was directed to reexamine the matter and furnish his report after providing opportunity of hearing to the respondents as well. The Deputy Commissioner heard the respondents and submitted a fresh report taking into consideration, the state views and the material which was placed before him by the collector land acquisition PWD.
The Court while allowing the petition further observed that finding of the Deputy Commissioner Samba having not been disputed by the state counsel. The issue projected at the time of consideration of the petition need to be determined proceedings on the basis of the finding recorded by the Deputy Commissioner Samba, observed that Small land owners of village Chak Balotrian have been deprived of their landed property without paying them compensation and the damage done to them in depriving them of their right of property, needs to be suitably compensated. No one can be deprived of his right to property, save & except in accordance with the laws enforced in the state and Court directed the state to pay compensation to the land owners of Chak Balotrian or their successors-in-interest whose land had come under Ramgarh-Khour road as per assessed by the Deputy Commissioner Samba. Court further directed Deputy Commissioner that he shall assess the compensation payable to the land owners within a period of four months, taking into consideration the parameters prescribed for determination of compensation under the provision of state land acquisition act. The compensation so assessed shall be paid by the respondents within a period of two months to the land owners. JNF
JNF/JUNE/01/2011/1
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