Mushtaq Khan And Anr vs Ut Of J&K And Ors on 6 May, 2025

Jammu & Kashmir High Court

Mushtaq Khan And Anr vs Ut Of J&K And Ors on 6 May, 2025

                                                                    Sr. No.74

          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU

                                                WP(C) No. 1130/2025
                                                CM(C) No. 2657/2025

Mushtaq Khan and Anr.                                            .....Appellant(s)

                       Through: Mr. K.M. Bhatti, Advocate

                 Vs

UT of J&K and Ors.                                            ..... Respondent(s)
                       Through: Mrs. Monika Kohli, Sr. AAG

Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE

                                    ORDER

06.05.2025

1. Mrs. Monika Kohli, learned Sr. AAG appears and accepts notice on

behalf of the respondents.

2. Heard.

3. In the facts and circumstances of the case, this Court is of the considered

opinion that the instant writ petition having been filed under the provisions of

Article 226 of the Constitution of India can be disposed of at this threshold stage

by passing of orders for taking of such appropriate action, which the respondents

otherwise are obliged under the law to take in the case.

4. The case of the petitioners in nutshell is that they are the owners in

possession of land measuring 4 and 10.5 Marlas comprised under survey Nos.

1044/1227min of village Baffliaz Tehsil Surankote District Poonch, whereupon

they constructed their shops and established their business during the peak

militancy period in order to earn their livelihood; that the respondents are going
2 WP(C) No. 1130/2025
CM(C) No. 2657/2025

to dismantle the said shops of the petitioners in connection with the widening of

the existing Surankote Buffliaz Draba Bye-pass GREF road; that they are going

to invoke the provisions of the erstwhile & repealed State Acquisition Act and

thereby to oust them from their property against a meager compensation

amount; that the respondents have issued some papers which depicts the

enlistment of the aforesaid property of the petitioners; that the respondents in

case of any urgency regarding acquisition of the aforesaid property of the

petitioners were under an obligation to initiate the formal process of acquisition

in terms of the Right to Fair Compensation and Transparency in Land

Acquisition Rehabilitation and Resettlement Act, 2013 which has not been done;

that the compensation in respect of the subject property is to be paid in

accordance with the Act of 2013 and not as per the repealed State Act of Svt.

1990 as the notification dated 30.09.2019 already issued under Section 4(1) of

the said Act is deemed to have lapsed; that similar notifications already issued

under different cases by invoking the provisions of the erstwhile State Act have

been quashed by this Court in WP(C) No. 2247/2021.

5. The petitioners have accordingly prayed for issuance of directions/writs in

the nature of Certiorari, Prohibition and Mandamus for quashment of

Notification bearing No.Coll/Def/2019-20/772-76 dated 30.09.2019 to the extent

of their property, prohibiting the respondents from acquiring the property of the

petitioners without adopting the due course of law as provided under the Right
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CM(C) No. 2657/2025

to Fair Compensation Act of 2013 and the payment of due compensation to

them and to allow them to use and enjoy their property, till payment of the same

strictly as per the Act of 2013.

6. Perused the main petition and the copies of the documents enclosed with

the same as annexure thereto.

7. The matter is disposed of at this threshold stage with the direction to the

respondents that they shall actively consider the initiation of the process for

acquisition of the subject land of the petitioners strictly in accordance with the

law applicable in the case i.e. Right to Fair Compensation and Transparency in

Land Acquisition Rehabilitation and Resettlement Act, 2013, having regard to

the assertion of the petitioners that the notice under Section 4(1) of the erstwhile

repealed State Land Acquisition Act Svt. 1990 dated 30.09.2019 did not

culminate into a preliminary or final award before the enforcement of the Act of

2013 thereby rendering the same lapsed under law, if not already initiated and

submit status report to the Registry of the Court within a period of two weeks.

8. Disposed of.

(Mohd. Yousuf Wani)
Judge
Jammu
06.05.2025
Nikhil