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2025 DAILYLAW 11947 (JK)

KALYAN SINGH AND OTHERS v. U T OF J AND K TH COMMISSIONER SECRETARY PWD R AND B DEPTT AND OTHERS

WP(C)/816/2024 · 2025-02-19

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 816/2024 Kalyan Singh and others …..Appellant(s)/Petitioner(s) Through: Mr. Adeep Singh Bandral, Adv. vs U. T. of J&K and others .…. Respondent(s) Through: Ms. Priyanka Bhat, Adv. vice Ms. Monika Kohli, Sr. AAG for Nos. 1 and 2 Mr. Ravinder Gupta, AAG for Nos. 1 to 3 Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 19.02.2025 Oral: 1. With the consent of learned counsel for the parties, the present petition is taken up for final disposal. 2. The present writ petition has been filed by the petitioners for directing the respondents to release and disburse the compensation assessed in terms of final award dated 06.07.2019, for the land of the petitioners acquired for the construction of road-Kastigarh to Chill at Village Gagla Tehsildar Kastigarh, District Doda. 3. Response has been filed by the respondent Nos. 1 to 3 wherein they have admitted the claim of the petitioners to the extent of issuance of the final award dated 06.07.2019 and have further submitted that the demand of funds shall be met in due course of time with the availability of resources. Respondent Nos. 4 and 5 in turn have stated that the compensation has been assessed for an amount of Rs. 63,12,789/- and the indenting department PMGSY has been requested number of times to deposit the award amount 37 2 WP(C) No. 816/2024 for its disbursement in favour of the interested persons. In this regard, latest reminder dated 24.06.2024 was issued to the Executive Engineer PMGSY Division Doda and a request was made to deposit the award amount in question but till date the amount has not been released. 4. The indenting department i.e. respondent Nos. 1 to 3 have also stated that because of lack of funds, the amount assessed in terms of award dated 06.07.2019 has not been disbursed to the interested persons including the petitioners herein. 5. Heard learned counsel for the parties and perused the record. 6. In view of the categoric stand taken by the respondents with regard to the land of the petitioners, particularly by respondent Nos. 4 and 5, the present petition is disposed of by directing the respondent Nos. 1 to 3 to make requisite funds available at the disposal of respondent No. 5 within a period of three months from today so that the same is disbursed in favour of the petitioners in terms of the award dated 06.07.2019 and in the event needful is not done within the aforesaid period of time, the petitioners shall be entitled to interest at the rate of 6% per annum from the date of filing of the instant petition. 7. Disposed of. (RAJNESH OSWAL) JUDGE Jammu: 19.02.2025 Rakesh Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Rakesh Kumar 2025.02.28 14:13 I attest to the accuracy and integrity of this document