Excelsior Correspondent
JAMMU, Dec 14: Division Bench of High Court comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani has directed Deputy Commissioner, Rajouri to personally attend the court on next date of hearing so that charge may be framed against him for willful and deliberate disobedience of the orders of the court causing interference in the administration of justice.
After hearing Senior Advocate Vikram Sharma for the petitioners, the DB observed, “the appellate court by the judgment and order affirmed the judgment of the Single Judge holding that the land in question is under occupation of the Army and the Army is liable for payment of rental compensation which was paid up to the year 2003 and, therefore, compensation from the year 2003 onwards up to March 2015 is liable to be paid”.
Accordingly, direction was issued to the Deputy Commissioner Rajouri to assess the rent of the land and it was made clear that the disbursement of the compensation so determined and deposited shall be made to the rightful owners of the land after proper verification.
“An affidavit has been filed on behalf of the Army stating that the rental compensation up to 31st March 2021 has been deposited with the Deputy Commissioner Rajouri. The court vide order dated 07.07.2021 had directed the Deputy Commissioner Rajouri to furnish a detailed affidavit as to why the amount deposited from the year 2003 to March 2020 has not been disbursed to the owner till now”, the DB said.
“In pursuance of the direction, the Deputy Commissioner has filed affidavit indicating various reasons for not distributing the compensation and one of the reasons is that part of the land falls in the Pakistan occupied Kashmir and for the land which is on the Indian side, it is not possible to go on the spot as there is danger of mines being exploded and, as such, it is next to impossible to verify the ownership of the land”, the DB observed.
“This can be done on the basis of revenue records or by collecting the revenue documents from the various parties including the petitioners or by demanding the title deeds”, the DB said, adding “the explanation forwarded by the Deputy Commissioner appears to be an eye wash and not very convincing”.
Accordingly, DB directed the Deputy Commissioner Rajouri to personally attend the court on next date of hearing so that charge may be framed against him for willful and deliberate disobedience of the orders of the court causing interference in the administration of justice.
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