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High Court of Jammu and Kashmir · body

2025 DAILYLAW 6182 (JK)

RAJA YOUSUF AND ANR. v. GULZAR AHMAD BHAT (LAWDA)

CCP(D)/2/2024 · 2025-02-28

Puneet Gupta

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 12 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP (D) No. 02/2024 in LPA No. 03/2021 Raja Yousuf & Anr. … Petitioner(s) Through: - None. V/s Gulzar Ahmad Bhat. … Respondent(s) Through: - Mr Ilyas Nazir Laway, Government Advocate. CORAM: Hon’ble Mr Justice Sanjeev Kumar, Judge Hon’ble Mr Justice Puneet Gupta, Judge (ORDER) 28.02.2025 01. This matter is taken up out of turn, on request made by Mr Ilyas Nazir Laway, the learned Government Advocate, appearing for the Respondent-Collector, Land Acquisition, LAWDA, Srinagar. 02. Mr Laway would submit that the Judgment dated 12th of April, 2023 passed by this Court in LPA No. 03/2021, as is the subject matter of this Contempt Petition, has been complied with and, therefore, the present Contempt Petition has become infructuous. 03. Vide the aforesaid Judgment, this Court had issued the following directions: “Accordingly, the Collector is directed to proceed to make the formal reference to the competent Court as regards the claim of the appellants for enhancement of compensation under Section 18 of the J&K State Land Acquisition Act, 1990 in terms of the observations made above, and if the Collector so makes the reference to the competent Court, the Court will proceed with the reference in accordance with law keeping in mind the enhanced compensation given to similarly situated villagers who were covered under the same award dated 01.06.1999 in subsequent proceedings after reference was made in CIA No. 11 of 2010, CIA No. 12 of 2010.” 04. It is, thus, evident that the direction to the Respondent herein, i.e., the Collector, was to make a formal reference to the competent Court as regards the claims of the Appellants/ Petitioners herein for enhancement of compensation in terms of Section 18 of the J&K Land Acquisition Act, 1990. 05. Mr Laway states at the Bar, which fact is substantiated by a communication dated 27th of February, 2025 issued by the Collector to the office of Deputy Advocate General, High Court of J&K, Srinagar, that the formal reference in terms of the Judgment dated 12th of April, 2023 stands filed before the learned Principal District Judge, Srinagar and the same is pending adjudication before the said Court. The rest of the Judgment is required to be complied by the learned Court concerned, while hearing the reference. A copy of the aforesaid communication dated 27th of February, 2025 is taken on record. 06. In view of above, there is no warrant for keeping this Contempt Petition pending and, therefore, the same is closed. We, however, leave it open to the Petitioners to seek the revival of this Contempt Petition, in the event the statement made by the learned Counsel appearing for the Respondent before us is found to be incorrect. 07. Disposed of. (Puneet Gupta) (Sanjeev Kumar) Judge Judge SRINAGAR February 28th, 2025 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document