SMART SATELLITE TOWNSHIP | HC orders reassessment of land compensation to claimants

Srinagar: The High Court of J&K and Ladakh on Monday asked the government to re-asses the compensation charges to be paid to the 286 “camas” ( labourers) of the left over land of 3760 Kanals transferred to Srinagar Development Authority(SDA) for setting up of a Smart Satellite Township at Rakh-i-Gund Akashah at Bemina here.   

“Paying of compensation/improvement charges to camas on the basis of assessment/valuation done years ago, i.e in the year 2001, is arbitrary,” said a judgment passed by Justice Wasim Sadiq  Nargal. 

“As such, I am of the considered opinion that the Respondents (authorities) have to reassess the amount of  compensation/improvement charges to be paid to camas (petitioners) based on the   parameters/formula to be taken into count as per rules,” Justice Nargal said, adding, “as a necessary corollary, respondents are directed to reassess the payment of improvement charges to be paid to the camas including petitioners within a period of two months”. 

Before the court, on behalf of the 286 petitioners their counsel submitted that they were not “camas” but “tenants”, saying, as such it was incumbent on the Government to initiate a process of acquisition under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pay compensation to the petitioners at the market value to be assessed in terms of the Act.

However, he had also prayed that if the petitioners were not held to be “tenants”, then as “camas” they were entitled to Rs 12 lakh of compensation per kanal of land as improvement charges, development charges and other charges for taking away the possession of land from them.

With regard to the alternate relief that if held as “camas”, they be paid Rs 12 lakh as improvement charges, development charges and other charges for taking away the possession of land, the court said: “It is pertinent to mention herein that the respondents in their reply have admitted that the petitioners are camas and are entitled to improvement charges as fixed by the Government”. 

Pointing out that the government dated 12.10.2018 has provided for payment of improvement charges to the camas (petitioners), the Court said the order has relied on the assessment for payment of compensation to camas made in the year 2001. 

In terms of the order dated 12.10.2018, the government said that the improvement charges would be paid to the camas” at the same rates as have been paid to camas for acquisition of similar kind of land for the Central University, Ganderbal i.e. at the rate of Rs. 60000 per kanal for non-irrigated non-paddy fields and Rs. 1.20 lakh Per Kanal for abi-awal paddy land, instead of Rs 40000 per kanal, uniformly fixed through Government order 132-HUD of 2001 dated 28-05-2001.

The Court accordingly held that “paying of compensation or improvement charges to camas on the basis of assessment done in 2001 was arbitrary. It directed the authorities to reassess the charges and pay the same to camas including petitioners within two months.