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| DB seeks personal appearance of DC Rajouri for framing of charges against him | | | Early Times Report
JAMMU, Dec 14: A division bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani directed Deputy Commissioner, Rajouri, to personally attend the court on next date of hearing so that charge may be framed against him for willful and deliberate disobedience of the orders of the court causing interference in the administration of justice.
This significant order has been passed in a contempt petition on account of disobedience of the judgment and order dated 17-3-2015. The DB observed that the Appellate Court by the aforesaid judgment and order affirmed the judgment of the single judge holding that the land in question is under occupation of the army and the army is liable for payment of rental compensation which was paid up to 2003 and, therefore, compensation from the year 2003 onwards upto March 2015 is liable to be paid.
Accordingly, direction was issued to the Deputy Commissioner, Rajouri, to assess the rent of the land and it was made clear that the disbursement of the said compensation, so determined and deposited, shall be made to the rightful owners of the land after proper verification.
The DB observed that in confirming the aforesaid judgment, the DB directed that the arrears of rent from 2003 up to 2015 be deposited within the extended period of three months and that the army shall continuously deposit the rent as already directed as long as the land remains in its occupation. An affidavit has been filed on behalf of the Army stating that the rental compensation up to 31st March 2021 has been deposited with the Deputy Commissioner, Rajouri.
The court vide order dated 7-7-2021 has required the Deputy Commissioner, Rajouri, to furnish a detailed affidavit as to why the amount deposited from the year 2003 to March 2020 has not been disbursed to the owner till now. In pursuance of the above direction, the Deputy Commissioner has filed affidavit indicating various reasons for not distributing the compensation and one of the reasons is that part of the land falls in the Pakistan Occupied Kashmir and for the land which is on the Indian side, it is not possible to go on the spot as there is danger of mines being exploded and, as such, it is next to impossible to verify the ownership of the land.
DB failed to understand how the ownership rights of any party can be verified by going on the spot or on the land.
This can be done on the basis of revenue records or by collecting the revenue documents from the various parties including the petitioners or by demanding the title deeds. The DB observed that the explanation forwarded by the Deputy Commissioner appears to be an eye wash and not very convincing and directed the Deputy Commissioner, Rajouri, to personally attend the court on next date of hearing. |
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