Jammu & Kashmir High Court
Gopal Dass & Ors vs Ut Of J&K & Ors on 6 June, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 72
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- WP(C) No. 1496/2025
CM No. 3507/2025
Gopal Dass & Ors.
.....Petitioner(s)
Through: Mr. Ajay Bakshi, Advocate.
Vs
UT of J&K & Ors.
.....Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG for R-1 to
6.
Mr. Ashok Sharma, Advocate for R-10.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(06.06.2025)
01. Land in village Gandharwan, Mohra Tanda located in
different khasra numbers, total measuring 129 kanals 7 marlas,
became subject matter of acquisition under the National
Highways Act, 1956 in terms of an award dated 26.02.2024
passed by the Deputy Commissioner (District Collector-cum-
CALA), Jammu.
02. The petitioners herein alongwith the private
respondents No. 7 to 9 came to be mentioned in the said award,
as being the owners/occupires, entitled to earn compensation
with respect to the land referable to them having come under
acquisition.
2 WP(C) No. 1496/2025
CM No. 3507/2025
03. The four petitioners herein came up with a writ petition
WP(C) No. 2043 of 2024 before this Court thereby seeking the
following reliefs:-
I. directing the respondent no. 2 to refer the dispute as
per Sub-section 4 of section 3(H) of National Highway
Act to the Principal Civil Court of civil jurisdiction within
the limits of whose jurisdiction land is situated.
II. directing the respondent No. 2 not to release the
compensation accessed in favour of the private
respondents till the dispute of appointment is decided by
the Principal Civil Court of original jurisdiction.
04. The writ court came to dispose of the writ petition
WP(C) No. 2043/2024 vide an order dated 22.08.2024 with a
direction unto the writ respondents No. 3 and 4, namely, the
Deputy Commissioner, Jammu and the Assistant Commissioner
Revenue, Jammu that till an application filed by the writ
petitioners before them i.e., the respondents No. 3 & 4 is not
considered and decided, the disbursement of compensation with
respect to the land in khasra Nos. 734, 735, 741, 742, 743 and
628 shall not take place and the decision whatsoever to be taken
in terms of consideration of the petitioners’ said pending
3 WP(C) No. 1496/2025
CM No. 3507/2025
application was left to be questioned in the event of an adverse
outcome against the petitioners.
05. The disposal of the writ petition WP(C) No. 2043/2024
had come to take place at the inception stage itself without
putting the private respondents on notice, as such, the private
respondents in the writ petition, figuring at serial Nos. 6 to 8,
namely, Dharam Chand, Parma Nand and Bulla Ram came to
prefer an LPA No. 188 of 2024 which came to be disposed of by
an order dated 11.09.2024 by the Hon’ble Division Bench with a
direction unto the Deputy Commissioner, Jammu and the
Assistant Commissioner Revenue, Jammu to consider the
application dated 24.07.2024 which is said to have been filed by
the said writ respondents/appellants in terms of section 3(H)(4) of
the National Highways Act, 1956 after giving an opportunity of
being heard to the appellants/writ respondents, namely, Dharam
Chand, Parma Nand and Bulla Ram with respect to their
application dated 24.07.2024.
06. It seems that by unilaterally hearing the private
respondents, in particular, Dharam Chand, Parma Nand and
Bulla Ram, the release of compensation is said to have taken
place leaving the petitioners herein in lurch thereby making them
to rush to this Court with 2nd round of litigation through the
4 WP(C) No. 1496/2025
CM No. 3507/2025
medium of the present writ petition thereby seeking a Writ of
Mandamus unto the writ respondents No. 2 and 3 herein i.e., the
Deputy Commissioner, Jammu and the Assistant Commissioner
Revenue, Jammu to retrieve the compensation released in favour
of the private respondents No. 7 to 9, namely, Dharam Chand,
Parma Nand and Bulla Ram.
07. To some extent, the petitioners are also contributory to
this mess in which they find themselves to come up with the 2nd
writ petition and this Court can observe only this much to save
them from prejudice in the case, but it seems that the Deputy
Commissioner, Jammu seems to have acted as a mere spectator
in the scenario which has resulted in the release of the
compensation in favour of the private respondents without any
express order on the part of the Deputy Commissioner, Jammu or
for that matter Assistant Commissioner Revenue, Jammu.
08. The petitioners have named Naib-Tehsildar, Akhnoor
as well as Patwari Halqa Gandharwan by name them alleging
mala fide against them and that means reply to the writ petition
on behalf of the respondents No. 5 & 6 has to come from their
individual level and not by reference to the reply as may come to
be filed by the respondent No. 2 – Deputy Commissioner, Jammu,
5 WP(C) No. 1496/2025
CM No. 3507/2025
the respondent No. 3 – Assistant Commissioner Revenue, Jammu
and the respondent No. 4 – Tehsildar, Akhnoor.
09. Issue notice to the respondents.
10. On behalf of the respondents No. 1 to 4, Mrs. Monika
Kohli, learned Senior AAG accepts notice and on behalf of
respondent No. 10, Mr. Ashok Sharma, learned Advocate enters
appearance accepts notice.
11. Notice to go to respondents No. 7 to 9 only for which
the petitioners to furnish registered postal covers within a period
of seven days, whereupon the Registrar Judicial, Jammu to issue
notice to the said respondents No. 7 to 9.
12. Notice in application CM No. 3507/2025 also.
13. List on 23.07.2025.
14. In the meantime, no further disbursement of
compensation on any pretext whatsoever with respect to the
petitioners as well as to the private respondents No. 7 to 10 to
take place from the end of the Deputy Commissioner, Jammu as
well as Assistant Commissioner Revenue, Jammu.
15. The Deputy Commissioner, Jammu is also directed to
ensure that no further revenue record making take place, be it in
the form of correction/amendment or review, with respect to the
6 WP(C) No. 1496/2025
CM No. 3507/2025
khasra numbers forming subject matter of the acquisition award
relatable to the petitioners as well as to the private respondents.
(RAHUL BHARTI)
JUDGE
JAMMU
06.06.2025
Bunty
Bunty Kumar
2025.06.09 10:27
I attest to the accuracy and
integrity of this document
Jammu
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