15/02/2022
High Court directs compensation to be paid within three months
Justice Iqbal Wani in Kuldeep Raj and Ors versus State on 11.02.2022
Payment of compensation to the land holders of Shamilat land has been recognized by a Division Bench of this Court in case titled as State of J&K vs. Smt. Hamida Begum and others, reported in AIR 1979 (J&K) 48, fundamentally, on this principle and premise that the rights and incidents of Shamilat land in occupation of a person are the same as if he is the owner thereof
16. It would be profitable to mention here that on 25.02.1926 A.D, the Maharaja of the erstwhile State of Jammu and Kashmir issued Boon No. 4, published in Government Gazette on 14th Phagan 1982, (corresponding to February-March 1926 A.D) whereunder Khalsa /State land commonly known as Khalsa Sarkar was ordered to bestow upon village community and this land was henceforth ordered to be shown as Shamilat-Deh and the villagers concerned were awarded jointly the same rights therein, which they possess in their individual holdings. By the said Boon, it was ordered that the landholder in a particular village would be entitled to have a share in the land declared as Shamilat-Deh pro rata to their holdings meaning thereby that a villager shall have proprietary rights in the Shamilat land in proportion of the seize of his holding.
30. By issuance of writ of mandamus, the respondents are commanded to process the payment of compensation to the petitioners in accordance with law for their respective portion/parcels of land taken over from them while treating the same to have been acquired pursuant to notification No. 08 of 2018 dated 23.01.2018 issued under Section 4(1) of the J&K land Acquisition Act, 1990 (Svt.) read with Notice No. DCK/ADCK/LA/2018-19/165-72 dated 28.08.2018 issued under Sections 9 and 9-A of the Act of 1990 expeditiously, preferably within a period of three months from the date of receipt of the certificated copy of this judgment.
