HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 1403/2013 IA No. 99001/2015 [D-1/2015] Mast Ram …..Appellant(s)/Petitioner(s) Through: Mr. Rahul Pant, Sr. Advocate with Mr. Sahil Mushtaq, Advocate vs State of J&K and anr. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG with Ms. Priyanka Bhat, Advocate Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 07.02.2025 IA No. 99001/2015 [D-1/2015] 1. This is an application for substitution of the legal representatives of the deceased petitioner, namely, Mast Ram who expired on 28.12.2014. 2. Notice. 3. Ms. Priyanka Bhat, Advocate waives notice. She submits that appropriate order may be passed. 4. For the reasons stated in the application, the same is allowed. The legal representatives as mentioned in the title of the application are brought on record. Registry to update the index accordingly. 5. Application stands disposed of. Serial No. 28 2 OWP No. 1403/2013 OWP No. 1403/2013 6. With consent of the learned counsels for the parties, the present petition is taken up for final disposal. 7. The relief sought by the petitioners in the present petition is for grant of compensation in terms of rehabilitation package of Revenue Department issued vide letter No. Rev (LAJ) Thein Dam/1994 dated 8th June, 1994 as assessed by respondent No. 2 in 2001 and further to pay interest @12% per annum to the petitioner on account of amount wrongly withheld by the respondents. 8. It is stated that the land and house of the petitioners were acquired by the respondents for the purpose of construction of Thein Dam and the predecessor in interest of the petitioners was paid compensation for the land and the house both, however the compensation in terms of the rehabilitation package granted vide letter No. Rev (LAJ) Thein Dam/1994 dated 8th June, 1994 was not paid to the original petitioner, who came to demise during the pendency of the petition. 9. The respondents have filed the response stating therein that the rehabilitation package has to be paid to each family out of 767 identified by then SDM Basohli I/C Collector TDP Basohli. It is further stated that as the funds have not been released by the intending department, the same has not been paid. 10. Mr. Rahul Pant, learned Senior counsel for the petitioners has drawn attention of this Court towards the judgment of the Co-ordinate Bench of this Court in OWP No. 547/2002 titled, ‘Nanak Chand Khajuria & ors. vs. State of J&K and ors.’ dated 27.05.2009 wherein the Co- 3 OWP No. 1403/2013 ordinate Bench of this Court had directed respondent No. 1 and 2 therein who happen to be respondent Nos. 1 and 2 herein in also, to pay the amount assessed by respondent No. 2 to the petitioners therein along with interest @6% per annum from the date amount was due to them till its actual disbursal, within the period of three months from the date of order issued to them. 11. As the controversy stood already settled by the Co-ordinate Bench of this Court, therefore, this Court deems it proper to dispose of the present petition by directing the respondents to pay the amount assessed by respondent No. 2 to the petitioners within a period of three months from the date copy of this order is made available to the respondents along with interest @6% per annum from the date amount due to the petitioners till its actual disbursal. The respondents are at liberty to recover this amount from the State of Punjab in terms under provisions of agreement executed in the year 1979. 12. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 07.02.2025 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2025.02.10 13:10 I attest to the accuracy and integrity of this document