Jammu, 02-03-2023: Division Bench of the High Court comprising Chief Justice N.Kotiswar Singh and Justice S.K Shukla today issued notice to the UT Govt, Secretary PWD, Deputy Commissioner/Collector Udhampur, Chief Engineer PMGSY and others on a petition filed by over 200 farmers seeking early payment of compensation for the lands acquired from them for construction of PMGSY roads in the Blocks of Ghordi, Chenani, Latti, Ramnagar and Dudu Basantgarh of District Udhampur. The petition was filed through Advocates Harsh Dev Singh and Vilakshan Singh.
The counsel for the petitioners Harsh Dev Singh apprised the Hon’ble Court about the huge pendency of compensation claims of the aggrieved farmers who had been denied their legitimate dues for lands expropriated from them for the last several years. He stated before the Court that compensation for lands acquired in several cases had not been paid despite the roads having been constructed by PMGSY Deptt for the last 8-10 years. He stated that the petitioners had made repeated representations before the concerned authorities for release of the compensation amounts which were duly assessed and put in public domain but had not been disbursed despite lapse of several years.
Pointing towards the reply obtained in an RTI application seeking details of lands acquired, compensation disbursed and the compensation pending for disbursement amongst the legitimate beneficiaries, Mr. Singh informed the Court that out of Rs. 9960.66 lacs assessed compensation, only Rs. 1430.85 lacs had been disbursed by the Respondents till date. He divulged that an amount of Rs. 8529.81 had not been disbursed and was pending for release for the last around 10 years as admitted by the PWD Deptt in its reply.
Mr. Singh submitted before the Court that the Respondents had not only deprived the poor farmers of their marginal land holdings but had caused them immense hardships by such uncompensated and forcible expropriation of their cultivable fields. The orchards and residential structures of poor people were also dismantled thereby leaving them high and dry. Several poor people were rendered houseless and their very livelihood was threatened. It was not only a violation of their “Right to life and livelihood” but also a violation of the basic Human Rights with the govt authorities having turned a blind eye to the miseries of the poor, indigent farmers. It was further a violation of article 14 of the constitution as compensation had been released to a selected few on whims and fancies of the govt functionaries by ignoring a vast majority of the affected farmers.
Mentioning the list of PMGSY roads pertaining to which compensation had not been paid by the concerned Deptt, Mr. Singh submitted that Barmeen–Dharnoo road; Satyalta road; Kud–Mada road; Barmeen–Dadi road; Dadi–Nordern road; Katwalat–Galli Mandola road; Naugalta–Rajar road; Tandhar–Pakhlai road; Basantgarh–Khaned road; Ther road; Bup Barkunda road; Gujad–Chirdi–Ladha road.
The High Court gave four weeks time to the govt to appear before the Court for answering the claims of petitioners and for filing objections if any.
