STATE TIMES NEWS
JAMMU: In a significant order, Justice Puneet Gupta of Jammu Kashmir & Ladakh High Court (Jammu Wing) has stayed operation of notice dated February 26, 2022 issued by Tehsildar Ramsoo whereby M/s Alamdar Stone Crusher Sujmatna, Ramsoo was directed to vacate premises within three days failing which same will be demolished. The Court also issued notices to the Commissioner/Secretary to Govt Revenue Department, District Development Commissioner Ramban, SDM Ramsoo, Tehsildar Ramsoo and General Manager DIC Ramban returnable within four weeks.
The aggrieved stone crusher, through its partner Anzer Amin, challenged the demolition by filing a writ petition in High Court through Advocate Irfaan Khan. When the petition came up for hearing, Advocate Irfaan Khan appearing for the petitioner submitted that impugned notice is bad in eyes of law being illegal and arbitrary besides same has been issued without adhering to mandate of law.
Advocate Irfaan Khan also invited the attention of the Court towards an agreement of lease between the land owners and partners of M/s Almadar Stone Crusher, which was executed before Sub Registrar Banihal after issuance of all NoCs by different authorities, before in installation of stone crusher, which is running strictly as per norms. Advocate Irfaan submitted that though right to property has been taken away from purview of fundamental right but the Supreme Court of India has held that right to property is still a Constitutional and Human Right, and persons cannot be deprived of their property without having recourse to legal provisions.
Advocate Irfaan further submitted that petitioner is not averse to National project but respondents cannot throw the petitioner without paying him the compensation of structures, which he is entitled to as per Government order while respondents, without assessing and paying the compensation to the petitioner, are forcibly dispossessing him when on the other hand they are arbitrarily assessing compensation on pick and choose basis, that too over the same piece of land. After considering submissions of Advocate Irfaan Khan, Justice Puneet Gupta directed that impugned notice dated February 26, 2022 shall stay.