Greed has no limits: HC dismisses plea seeking enhanced compensation for Khrew land

Srinagar, Feb 09: Refusing to enhance compensation in favor of land owners, the High Court of Jammu & Kashmir and Ladakh observed that greed has no limits, but to satisfy insatiable greed, the process of law and the forum of courts cannot be permitted to be used.
Dismissing a plea of land owners seeking “just and fair” compensation for Shamilat land measuring 416 Kanals, 19 marlas and 3 Sirsai which has been acquired by government for establishment of Industrial Estate at Khrew, the court said that the petitioners should feel satisfied and contented with the compensation they have received for the partible Shamilat land to which they were entitled to as per law.
A division bench comprising Justices Sanjeev Kumar and M.A Chowdhary said that their occupation of the Shamilat land in excess of their share cannot inure to their benefit.
Earlier on January 04, 2013, Director, Industries and Commerce, Kashmir placed an indent with the Collector, Land Acquisition, Pulwama with a request for acquisition of land measuring 416 Kanals, 19 marlas and 3 Sirsai for establishment of Industrial Estate at Khrew.
The said land was notified for acquisition by the Collector, Land Acquisition by issuing notification under Section 4 (1) of the Land Acquisition Act, 1990.
Out of the said land, land measuring 239 kanals and 13 ½ marlas was proprietary in nature, while as, rest of the land measuring 177 Kanals, 5 marlas and 7 ½ Sirsai was partible Shamilat classified as Shamilat under Section (5) of the Act.
As per the plea, the matter was taken to the District Private Negotiation Committee (PNC) for amicable settlement of the compensation. The District PNC after holding consultation and deliberation with all stakeholders took a decision on June 26, 2013 and fixed a rate of Rs five lack per kanal to be paid to the owners/interested persons.
It was stated that the compensation for the proprietary land was immediately disbursed in favor of the rightful claimants i.e., recorded owners as per the revenue record.
So far as the partible Shamilat land measuring 177 Kanals, 5 marlas 7½ Sirsai is concerned, the plea stated that the Collector, Land Acquisition, took up the matter with Tehsildar, Pampore to prepare a pro-rata report indicating the share of each land holder in the partible Shamilat land.
It was submitted that on the basis of a report submitted by Tehsildar, the compensation at the rate determined by the PNC was paid to the rightful claimants.
The grievance of the petitioners is that they were entitled to be paid the compensation for the entire Shamilat land under their occupation irrespective of their share in the Shamilat on a pro-rata basis.
The petitioners claim to have purchased the Shamilat land under their occupation from a Kashmiri pandit by way of a sale deed.
The Collector, Land Acquisition, refused to accede to the request of the petitioners to disburse them the compensation for the entire Shamilat land under their occupation, compelling petitioners to knock the doors of the court.
The court noted that there is not any material on the record which would suggest that the petitioners ever objected to the fixation of rate of compensation by the PNC.
“May be or may be not the petitioners have participated in the PNC deliberation. But the fact remains that the rate of compensation determined by the PNC for payment of compensation for the acquired land for the Industrial Estate Khrew was never objected to by the petitioners or other villagers,” the court noted.
The bench underscored that villagers, particularly the owners of the land that was acquired, voluntarily accepted the rate determined by the PNC and received the entire compensation qua the proprietary and also partible Shamilat land without any “protest or demur.”
It pointed out that the dispute was raised by the petitioners only for the reason that they were in occupation of partible Shamilat land beyond their share and wanted the Collector, Land Acquisition to pay them the compensation for the entire Shamilat land under their possession.
It underscored that Collector, Land Acquisition, Pulwama could not oblige the petitioners for the reason that the law clearly provided that the land holders would be entitled to share in the partible Shamilat land on pro-rata basis i.e., proportionate to their holdings and not to the actual land under their occupation.
The bench said that Collector, Land Acquisition rightly followed the law and got a requisite report from the Tehsildar concerned. The Collector, Land Acquisition thereafter disbursed the compensation to the persons entitled to Shamilat Deh land on a pro-rata basis.
“This is how the compensation as per their share was also disbursed to the petitioners. The petitioners received the compensation and did not raise any objection or protest,” the court said, adding, “In view of the aforesaid admitted position, we are at loss to understand as to what has made the petitioners to still pursue the petition.”