Court directs compensation for orchard occupied by army for 7 years

Court directs compensation for orchard occupied by army for 7 years
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Kupwara: The Jammu and Kashmir High Court at Srinagar has directed government to release rent and compensation in favour of a person whose orchard was “forcibly occupied” by army for seven years till 2009.
Disposing of a petition filed by one Mohammad Mukthar Shiekh, a single bench of the court comprising Justice Ramalingam Sudhakar has directed deputy Commissioner Kupwara to process the claim immediately on the basis of record and forward it to government so as to enable it to take a decision in relation to the release of rent and compensation for the alleged occupation.
In his plea, Shiekh claimed to be the owner of property comprising of four Kanals of orchard in district Kupwara and stated that it was occupied by 21 RR, Rajwar army camp, forcibly in the year 2000 and remained stationed there till December 2009.
Shiekh claimed that he approached the deputy commissioner Kupwara for release of rent as well as compensation for the land and fruit bearing trees. He said that the deputy commissioner has stated in its report that the fruit bearing trees were damaged by the occupation of the forces. However, his repeated requests to the Deputy Commissioner, Kupwara for releasing of rent and compensation remained unfruitful, prompting him to file the petition.
“In this view of the matter, if the Dy. Commissioner Kupwara has not processed the claim of the petitioner (sheikh) he shall immediately process the same on the basis of record and forward it to respondents 1 to 3 (government) so as to enable them to take a decision in relation to the release of rent and compensation for the alleged occupation,” the court said. He also produced the proof of the proceedings pending before the deputy commissioner. He also filed complaint through Chief Minister’s Grievance Cell.

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