Excelsior Correspondent
SRINAGAR, Aug 12: Division Bench of High Court comprising Chief Justice Pankaj Mithal and Justice Sanjay Dhar today held that under the provisions of the Land Acquisition Act, if any land is acquired, the land holders are only entitled to fair compensation and nothing more.
The petitioners by means of petition want a direction to be issued commanding the respondents to pay proper and suitable compensation as per market value to the petitioners for their land situated at Panzgam, Kupwara and to process the case of one of the petitioners for appointment in the Government Department.
It was alleged that possession of petitioners land was taken over for the construction of Panchayat Ghar without paying compensation with the understanding that they will appoint one of them in the department on substantive basis. The respondents appointed only one petitioner but on temporary basis. The request of the petitioner for regularization of services was not considered.
“The petitioners are trying to make stale case which is virtually dead with the passage of time. Moreover, the petitioner having accepted the employment, may be on temporary basis, cannot turn around and ask for employment for his son”, the DB said, adding “even under the provisions of the Land Acquisition Act, if any land is acquired, the land holders are only entitled to fair compensation and nothing more. There is no question of any employment under the provisions of the Act”.
“Since there is nothing on record to establish that the land of the petitioner was acquired in any manner and any assurance was extended to them for giving employment, we do not deem it fit and proper to exercise our discretionary writ jurisdiction in the matter. Accordingly, the writ petition is dismissed”, the DB said.
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