Excelsior Correspondent
Srinagar, Mar 22: High Court has sought the stand taken by the Government regarding the settlement of compensation and rentals for the schools which are on private land.
The division bench of Justice Ali Mohammad Magrey and Justice Mohan Lal directed for filing of consolidated response with regard to occupation of private land for running and operation of Government Schools.
The direction has been passed in a petition where-under the petitioner claims that his land in North Kashmir’s Uri area has been utilized by the Government for School building and no compensation or rentals are being paid to him for utilization of his land.
The direction for filing of consolidated response has been passed after it was brought to the notice of the court a large number of such cases of nature are pending and are listed for consideration before this Court on daily basis, which may also be addressed so that a view is taken by this Court.
The owner of the land seeks direction in the instant petition that the authorities be directed to assess and pay compensation of Rs 30.00 lakhs per kanal along with interest in lieu of occupied land with further direction to pay compensation on the standing trees as also rent for the occupation period with 18% interest till final payments are made.
Pleadings before the Court demonstrate that the land claimed by the owner, is stated to be utilized by the Education Department for construction of Govt. High School, Shahdara, Uri, way back in the year 2005 but no compensation has been paid.
Incidentally, the Advocate General of the J&K was available in the Court and on the request, submitted that the matter can be taken to logical conclusion by granting some time to file detailed reply and also by making assistance with reference to the entitlement of the claim of the owner of the land.
The Advocate General readily accepted the suggestions made by the Court for facilitating the just and proper decision in all the matters in tune with application of law. Court has appreciated the endeavour and effort made by the Advocate General and said that a stand is required to be taken by the Government with regard to controversy involved in the matter.
Court accordingly granted four weeks’ time to the Government to file the consolidated reply on behalf of the Education Department, Revenue Department as also the R&B Department.
The DB asked the Advocate General to assist the Court in the matter after reply is filed and also made it clear that reply shall be filed only after the same is settled by the Advocate General.
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