Srinagar: The J&K and Ladakh High Court has imposed Rs 50 thousand as costs on Baramulla land owner who prayed compensation for his seven Kanals land at a rate of Rs 70 lakh per kanal after “accepting” the official rate.
The petitioner’s land, along some other landholders totalling 26 kanals had been acquired a decade ago for expansion of the Kansipora Fruit & Vegetable Market. The market had been established in 2006 over 44 kanals and 14 marlas of land as part of the infrastructure development for horticulture industry.
In his plea, the petitioner, M A Dar, demanded land Acquisition Act and Award be passed and amount be fixed as per market rate of the land.
However, officials said that the petitioner has mislead the Court as his land came to be acquired pursuant to the private negotiations meeting held on 15 July, 2014, wherein the rate of the land of the petitioner came to be approved by the Private Negotiations Committee on 15 July 2014. The rates were fixed at Rs 20 lacs per kanal. The rate was accepted and agreed by M A Dar as well. There was no coercion and Dar also affixed his thump impression on the minutes of the meeting as a token of acceptance, claimed the officers of the government.
After hearing arguments in favour and counter Justice Javed Iqbal Wani held that the petitioner cannot be allowed to turn around after having participated in the private negotiations undertaken in the matter by the officials and also agreeing to the amount of compensation assessed and determined and subsequently received by him.
“There is yet another angle of the controversy raised in the petition which cannot be overlooked by this Court, that being, that the petitioner admittedly has concealed, suppressed and misrepresented material facts before this Court not only in the instant petition but previously as well while maintaining OWP No. 1841/2017, which petition have had been filed on 13 November, 2017 i.e. admittedly much after the holding of private negotiations dated 15th July, 2014, inasmuch as the receipt of final amount of compensation by the petitioner on 24th April, 2017,” Justice Wani said.
He also said, “…the petitioner has deliberately chosen to conceal the said material facts in both the petitions and has in the process while maintaining the petitions abused the process of law.”
Resultantly, the bench dismissed the petition with costs of Rs 50,000 to be deposited by the petitioner within three weeks before the Registrar Judicial.
Upon depositing the amount, the court directed that the money be credited by the Registry in the account maintained in the name and style of Yateem Khannah, Bemina, Srinagar.
