1 S. No. 13 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 549/2021 in[WP(C) 2583/2019] CM(7661/2021) SHABIR AHMAD DENDRU …Petitioner(s) Through: Ms. Mehjabeen, Advocate. Vs. ARUN KUMAR MEHTA AND ORS ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy.AG CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 05.02.2025 (ORAL) 1. Upon coming of this contempt petition for consideration today, counsel for the petitioner would contend that the respondents have failed to comply with order dated 25-09-2020 in terms whereof the writ petition of the petitioner being WP(C) No. 2583/2019 came to be disposed of with the direction to the respondents to consider and decide the claim of the petitioner as projected in the petition having regard to the recommendations and finalize the disbursement of compensation with respect to the land in question, and release the outstanding amount of compensation, if any, in favour of the petitioner on the analogy of the proforma respondents provided the petitioner is similarly situated, of course, under rules. Counsel for the petitioner would further contend, that, despite the clear cut directions of this court, the respondents did not release 2 the outstanding amount of compensation in favor of the petitioner and, in the process, committed contempt of this court. 2. Statement of facts has been filed by the respondents to the contempt petition, wherein it is being stated that, in respect of the land in question, due procedure for acquisition was followed and, accordingly, a tentative award was submitted to the Divisional Commissioner Kashmir on 30th March 2018 for approval of rates in response to which it came to be intimated that the case falls the pecuniary jurisdiction of the District Collector, Ganderbal, whereafter the Collectorate granted approval to the payment of compensation qua the land and, consequently, 80% of the approved compensation came to be disbursed in favour of the rightful owners and the remaining 20% would be paid as soon as possession certificate of the land in question is received from the intending department. It has been further stated in the Statement of facts that in case of proforma respondent namely Sheikh Abdul Qayum, the Collectorate while following the due procedure of acquisition of land in question, had placed his case before the PNC on 10th June 2014 and after deliberations, rate of Rs. 12.95 lakhs per kanal was offered to the said petitioner to which he agreed and accordingly compensation at the agreed rate in respect of the land measuring 05 kanals and 13 marlas of Rs 73,16,750/- was paid to the rightful owner. It is being further stated that in compliance to the order passed by this court, necessary guidance and orders from the Department of Law, Justice and Parliament affairs were solicited and upon its advice, as also of the opinion of the Divisional Commissioner of Kashmir, 3 tendered vide letter dated 24th of September 2021, that matter was taken up with the Principal Secretary to the Government Revenue Department, which in terms of letter dated 30th of October 2021, intimated that the matter has been examined and that in the case of the petitioner herein, the land has been acquired by compulsory mode of acquisition and in case of proforma respondents through private negotiations and since the mode of acquisition of land in both the cases had been different, the petitioner and the proforma respondents cannot be said to be similarly situated. It is being further stated that the Collectorate has already paid 80% of the approved compensation to the rightful owners and as directed, the concerned Tehsildar vide letter dated 18th of November 2021 has informed the rightful owners to collect balance of 20%. It is being lastly stated that the respondents/contemnors have obeyed the orders of this court and have not violated the same. 3. Having regard to the aforesaid position obtained in the matter, inasmuch as perusal of the record reveals that seemingly, respondents/contemnors have complied with the order passed by this court, thus necessitating the closure of the contempt petition. Accordingly, the contempt notices are recalled and contempt proceedings are closed. (JAVED IQBAL WANI) JUDGE SRINAGAR 05.02.2025 Ishaq Whether the order is speaking? Yes/No Whether approved for reporting ? Yes/No