Jammu & Kashmir High CourtSheela Devi And Ors. vs State Of J&K; And Ors. on 18 December, 2017Author:Dhiraj Singh ThakurBench:Dhiraj Singh ThakurHIGH COURT OF JAMMU AND KASHMIR
                                AT JAMMU
OWP No. 1295/2015
MP No. 1/2015
                                                        Date of order: 18.12. 2017
                Sheela Devi and ors.    v.           State of J&K and ors.
Coram:
          Hon'ble Mr. Justice Dhiraj Singh Thakur, Judge.

Appearance:

For the petitioner (s) : Mr. Jyoti Sarup, Adv.
For the respondent(s) : Mr. Ehsan Mirza, Dy. AG1.      Petitioners claim to be owners in possession of land measuring 03 kanals
and 05 marlas falling under Khasra No. 200 situate at village Patniyal, District
Jammu. It is stated that out of the said land, 12 marlas of land were taken over
by the respondents for construction of a community hall. Petitioners further
claim that they permitted the taking over of the said land on the promise that a
member of their family would be given appointment in lieu of the same as also
suitable compensation as per prevalent market rates be paid. It is stated that
despite repeated representations and efforts, the official respondents have failed
to take any action in this regard.2.      In response to the petition, the official respondents do not deny the fact
that the land belonging to the petitioners was used for the construction of a
community hall. However, they denied that any promise for employment was
ever made in lieu of the land taken.3.      If it is not denied that the land belonging to the petitioners was used for
construction of a community hall by the official respondents, then it was
obligatory on their part to pay an appropriate compensation to the petitioners.OWP No. 1295/2015Page 1 of 24.      Needless to say that a villager possessing a small land holding to the
extent of 3 kanal could ill afford to part with possession of his land for a
Government purpose had there been no such promise expressed or implied for
employment. Right to hold the property in the State of State of J&K continues
to be fundamental right and the same could not have been taken away without
paying compensation in accordance with the relevant statutory provisions.5.      Be that as it may, in so far as the claim of the petitioners for employment
is concerned, the same is held to be without any basis as in the relevant year,
there was no rule or regulation which permitted such an employment. This plea
of the petitioners is rejected. However, Divisional Commissioner, Jammu shall
initiate steps for formal acquisition of the land in question for the purpose of
payment of compensation to the original owners amongst the petitioners. Let the
needful be done within a period of six weeks from the date a copy of this order
is served upon him.6.      With the aforementioned directions, this petition stands disposed of along
with connected MP(s).( Dhiraj Singh Thakur )
                                                               Judge

Jammu
18.12.2017
(Paramjeet)OWP No. 1295/2015Page 2 of 2