OWP No. 28/2014 and MP No. 28/2014. Case: Satesh Chander Kuthiala and Ors. Vs State of JK and Ors.. High Court of Jammu and Kashmir (India)
| Case Number | OWP No. 28/2014 and MP No. 28/2014 |
| Counsel | For Appellant: J.H. Reshi, Advocate and For Respondents: B.A. Dar, AAG |
| Judges | Muzaffar Hussain Attar, J. |
| Issue | Land Acquisition Act |
| Judgement Date | August 07, 2015 |
| Court | High Court of Jammu and Kashmir (India) |
Order:
Muzaffar Hussain Attar, J.
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The petitioners pray for issuance of Writ of Mandamus, directing the respondents to restore the possession to the petitioners 1 to 6, to the extent of land measuring 367 Kanals comprising of Khewat No. 314 Min, situated at Saloora, Tehsil and District Ganderbal, Kashmir.
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In the alternative it is prayed that respondents be directed to pay compensation to the petitioners in respect of the above land in accordance with the provisions of J&K Land Acquisition Act.
The basis of praying for issuance of aforesaid directions inter-alia is that one Lala Mangat Ram who passed away on 30th May, 1958, was owner in possession of land measuring 1353 Kanals 19 Marlas comprising of Khewat No. 314 situated at Saloora, Tehsil and District Ganderbal, Kashmir; the land was purchased from one Prethivi Maya Singh adopted son of Thal Dhan Singh by way of duly registered Sale Deed No. 1481 in the year 2003 (Bikrimi) i.e., 1946 A. D, for a consideration amount of Rs. 70,000; Late Mangat Ram, had two wives namely Smt. Laxmi Devi and Smt. Satyawati and both of them are dead; Shrimati Laxmi Devi, had begotten one son namely Mansa Ram and her second wife namely Satyawati had begotten two sons namely Radha Krishen, Kewal Krishan and three daughters namely Swarn Lata, Shakuntala and Indubala to Lala Mangat Ram; the son Mansa Ram passed away on 13th January 1983, leaving behind his widow namely Smt. Krishna Devi, two sons namely Satesh Chander and Suresh Chander and two daughters namely, Shashi and Sushma; Smt. Krishna Devi, is also stated to have passed away on 7th August, 1983, and her one son namely Suresh Chander has also passed away on 12th April, 2001.
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The further case of the petitioners is that petitioners 2 to 6 have executed power of attorney in favour of petitioner No. (1) Who has been duly appointed attorney to deal with all the aspects of the matter to the extent of their entitlement and share from the land measuring 1353 Kanal 19 Marlas comprising of Khewat No. 314 Min.
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It is also pleaded that petitioner No. (1) had joined army and retired as Brigadier from the Indian Army, in the year 1997 after rendering a long service of almost 35 years and has taken part in all the three military combats in the year 1962, 1965 and 1971.
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At paragraph (14) of the writ petition, it is pleaded that, land measuring 252 Kanals has been under the tenancy of different tenants and they have become owners of the said land in terms of J&K Agrarian Reforms Act 1976, whereas land measuring 1076 Kanals has been occupied by the Forest Department. Reference has also been...
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