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2025 DAILYLAW 4293 (JK)

MOHD SADEEQ v. SHAILENDRA KUMAR COMMISSIONER SECRETARTY TO GOVT PWD DEPTT AND OTHERS

CCP(D)/50/2023 · 2025-03-10

Moksha Khajuria Kazmi, Sanjeev Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP (D) No. 50/2023 Mohd. Sadeeq .....Applicant(s)/Petitioner(s) Through :- Mr. A A Khan, Advocate v/s Shailendra Kumar & Ors. .....Respondent(s) Through :- Mrs. Monika Kohli, Sr. AAG Mr. Ravinder Gupta, AAG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 10.03.2025 1. This is a petition for initiation of contempt proceedings against the respondents for their willful disobedience and non-compliance of order dated 16th of March, 2023 passed by this Court in WP (C) No. 214/2022, whereby the respondents had been directed to initiate the process of land acquisition in accordance with law. 2. On 09.12.2024, it was brought to our notice by the Department of Public Works (R&B) that the requisite amount demanded by the Collector Land Acquisition had been placed at the later’s disposal and it was now for the Collector Land Acquisition to initiate the proceedings in accordance with law. 3. Today, a status report on behalf of the Collector Land Acquisition has been handed over to us in the open Court, a perusal whereof, indicates that the process of acquisition, as was directed by this Court, has been initiated by the Assistant Commissioner, Revenue, Rajouri by issuing a Notification under Section 11 (1) of the Right Sr. No. 13 2 CCP (D) No. 50/2023 to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the acquisition proceedings are now required to be conducted by the Collector within the time frame mentioned in the Act. Status report is taken on record. 4. As the judgment passed by this Court stands complied with, therefore, there is no reason to continue with the contempt proceedings. As such, the proceedings in the contempt petition are closed, leaving it open to the petitioner to approach this Court again, in case, there is undue delay by the respondents/Collector in completion of the acquisition proceedings. (Moksha Khajuria Kazmi) (Sanjeev Kumar) Judge Judge JAMMU 10.03.2025 Manan Manan Mahajan 2025.03.11 17:23 I attest to the accuracy and integrity of this document