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2025 DAILYLAW 2983 (JK)

CHANCHALA DEVI AND OTHERS v. ATAL DULLOO FINANCIAL COMMISSIONER AGRICULTURE PRODUCTION DEPTT AND OTHERS

CCP(D)/25/2023 · 2025-03-03

Moksha Khajuria Kazmi, Sanjeev Kumar

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP (D) No. 25/2023 in OWP No. 276/2017 Chanchala Devi & Ors. .....Applicant(s)/Petitioner(s) Through :- None v/s Atal Dulloo, Financial Commissioner & Ors. .....Respondent(s) Through :- Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 03.03.2025 1. None for the petitioners. 2. In compliance with the order dated 12.05.2022, the respondents claim that pursuant to the formal indents issued by the Directors, Agriculture Production & F.W Jammu & Animal Husbandry, the Sub Divisional Magistrate, R S Pura has issued notification under Section 11 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This is so stated by the respondents in the latest status report filed by Respondent No. 4, copy whereof has been supplied by learned Sr. AAG and the same is taken on record. 3. Mrs. Monika Kohli, learned Sr. AAG appearing for the respondents further states that due to some dispute inter se the Government departments, there was delay in complying with the judgment. The indents to be issued by the Directors, Agriculture Production & F.W Jammu & Animal Husbandry were delayed due to aforesaid reason and therefore, the acquisition proceedings could not be concluded within the Sr. No. 07 2 CCP (D) No. 25/2023 in OWP No. 276/2017 timeline prescribed under the Act. She therefore prays for extension of time to conclude the proceedings. 4. In view of the aforesaid, we are of the view that the judgment passed by this Court dated 12.05.2022 in OWP No. 276/2017 has been substantially complied with and pursuant to the indents issued by the Directors, Agriculture Production & F.W Jammu & Animal Husbandry, the requisite notification under Section 11 of the Act of 2013 has been issued. Acceding to the request made by learned Sr. AAG, six weeks’ further time is granted to the respondents to conclude the acquisition proceedings. Furthermore, the Deputy Commissioner concerned shall assess the rental compensation in terms of the judgment and ensure that the same is released within aforesaid six weeks. 5. This contempt petition, however, is closed leaving it open to the petitioners to seek revival of the contempt petition, in case, the proceedings are not completed within the aforesaid period and rental compensation is not assessed and disbursed. (Moksha Khajuria Kazmi) (Sanjeev Kumar) Judge Judge JAMMU 03.03.2025 Manan Manan Mahajan 2025.03.04 01:16 I attest to the accuracy and integrity of this document