Excelsior Correspondent
SRINAGAR, May 6: High Court has directed the Deputy Commissioner Rajouri to comply with the court direction for disbursement of compensation to the landowners for acquiring their land by the authorities of the Defence Ministry after proper verification.
The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal while closing the contempt proceedings against the officials of Defence Ministry, directed the Deputy Commissioner Rajouri to comply with the judgment of 2013 passed by the writ court in letter and spirit and pass appropriate orders with regard to the disbursement of compensation within three months to the actual owners.
The factual matrix of the case is the owners of the land had filed a writ petition in 2013 seeking direction to the authorities to release the arrears of rental compensation in respect of their respective lands under the use and occupation of the officials of Ministry of Defence with the interest at the rate of 18 percent from the rental compensation became due.
The plea was disposed of by the writ court vide judgment dated 24.10.2013, whereby the Deputy Commissioner, Rajouri was directed to assess the rent of the land. It was further directed that upon such assessment, if any amount was found payable, Defence Ministry shall deposit the rental compensation in the office of the Deputy Commissioner, Rajouri, within a period of three months from the date of receipt of a copy of the order.
The owners, through the medium of the present contempt petition, have alleged willful disobedience on the part of the respondents on account of non-compliance with the judgment. The Deputy Commissioner, Rajouri in his affidavit has stated that a Commission of officers/officials constituted for spot inspection and demarcation submitted its report dated 24.11.2020.
“In the present contempt proceedings, this Court cannot undertake an exercise to determine the exact location of the land in question or adjudicate as to whether the same is under the occupation of the Army authorities or otherwise. The judgment of the Single Judge, dated 24.10.2013, having been affirmed, clearly directs the Deputy Commissioner, Rajouri, to assess the rent of the land in question and, upon such assessment, to disburse the rental compensation to the rightful owners after proper verification”, the DB said.
The bench reiterated that the apprehension of the appellants that rightful owner may not be given the rent payable and it may be released to the persons who are not entitled to receive the same, the order of single Judge is very clear that disbursement to the rightful owner of the land in question may be made after the proper verification.
“The issue as to whether the revenue entries were wrongly altered or manipulated is a matter which also falls within the domain of the Deputy Commissioner, Rajouri, and is required to be examined by him in accordance with law”, the DB recorded.
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