HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 79/2017 Parlahad Singh and others …..Appellant(s)/Petitioner(s) Through: Mr. Sumant Sudan, Advocate vice Mr. L. K. Sharma, Sr. Advocate. vs UOI and others .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG Mr. Sandeep Gupta, CGSC. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 01.03.2025 ORAL 1. Heard learned counsel for the parties. 2. This writ petition has been filed by the petitioners for directing the respondents to release 50 percent of the rental compensation of land measuring 19 Kanals comprising survey No. 244/211/162 situated at Chak Manga Rakhwal, owned by the petitioners but in possession of Army, pursuant to the notification No. 3/CL-350 dated 26.12.1957 along with interest at the rate of 10 percent per annum. 3. In the earlier writ petition preferred by the petitioner Nos. 1&2 and the predecessor-in-interest of the petitioner Nos. 3&4, this court vide order dated 02.03.2006 directed the respondent Nos. 1-4 therein (respondent Nos. 1-3 herein) to pay the rental compensation to the petitioners therein for 19 kanals of land w.e.f. 01.04.1990 Thereafter, the rental compensation was paid to the petitioners under requisition up to 30.09.2010, but was stopped thereafter. The legal notice was Serial No. 47 2 OWP No. 79/2017 served upon the respondents, which was replied by the respondents stating therein that the rent has been paid up to 30.09.2010 but payment was stopped thereafter on the ground of identification of land. 4. The respondents in their response have simply denied the entitlement of the petitioners to the rental compensation on the ground that presumably the land measuring 19 Kanals formed the subject matter of the acquisition proceedings of the year 1989. 5. Vide order dated 24.02.2025, the Deputy Commissioner was directed to inform this Court whether any demarcation in respect of the land measuring 19 Kanals comprising survey No. 244/211/162 situated at Chak Manga Rakhwal has been conducted or not. 6. Compliance report has been filed by the respondent No. 4, stating therein that demarcation was conducted on 27.02.2025 in presence of representatives of the Defence Estate Officer and in the joint verification/demarcation report, it is stated that the officers assembled for joint demarcation/verification of Requisitioned land measuring 19 Kanals comprising survey No. 244/211/162 situated at Chak Manga Rakhwal, the subject land was demarcated and found that the possession of said land is vacant under Army Pillars. The land is Shamlat-e-Deh and in tenant column Names of Parladh Singh and others figure. 7. The respondent Nos. 1-3 were not paying rental compensation due to lack of identification of requisitioned land but now it is established by the demarcation report that the land measuring 19 Kanals comprising 3 OWP No. 79/2017 survey No. 244/211/162 situated at Chak Manga Rakhwal is infact a requisitioned land. Therefore, the present petition is disposed of by directing the respondent Nos. 1 to 3 to pay arrears of the rental compensation in respect of land measuring 19 Kanals comprising survey No. 244/211/162 situated at Chak Manga Rakhwal, Sama alongwith interest at the rate of 6 percent per annum to the petitioners to the extent of their entitlement from the date, the rental compensation became due till the amount is actually paid to them. The respondent Nos. 1 to 3 shall continue to pay the rental compensation to the petitioner in future as well in accordance with law. 8. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 01.03.2025 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2025.03.05 16:51 I attest to the accuracy and integrity of this document