Jammu & Kashmir High Court
Kewal Singh And Ors vs U.T. Of J&K And Ors on 7 March, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
16
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1145/2024
CM No. 2914/2024
Kewal Singh and ors. .....Appellant(s)/Petitioner(s)
Through: Mr. Rajdeep Singh Thakur, Advocate
Mr. Ankita Katoch, Advocate
vs
U.T. of J&K and ors. ..... Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG
for Nos. 2 to 4 and 8
Ms. Suneel Malhotra, GA for No. 9
Mr. Ravinder Gupta, AAG for Nos. 1, 5 to 7
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
07.03.2025
Oral:
1. With consent of the learned counsel for the parties, the writ petition is
taken up for final disposal.
2. In the present petition, the respondent Nos. 1, 5, 6 and 7 without acquiring
and paying any compensation of the land to the petitioners, have utilized
their land for construction of road from Galli to Dhurial via Panchal, in
Panchayat Kanthi, Tehsil and District Ramban, detail whereof is given
below:
S.No. Name of Land Khasra Fruit Non-fruits Structure
petitioners Measuring No. bearing bearing Damaged
K/M trees trees
1. Kewal Singh 1 K 606 10 15
2. Anchal 3K 862 50 Cowshed
Kumar
3. Veer Vikram 2 K 68 25 50
4. Dina Nath 1K 263 10 10
5. Surjeet 1K 95 15
Singh
2WP(C) No. 1145/2024
6. Chail Singh 2K 105, 199, 15 8
223
7. Ganesham 1K 109 10
Singh
8. Chain Singh 2K 206 15 5 Cowshed
two
structure
9. Ashok Singh 2K 209 30 House
damage
10. Pawan Singh 2K 225 20
11. Nasib Singh 2K 266, 269, 30 70 Temple
251
12. Chain Singh 1K 267 100 15 Water
Pond
13. Pawan Singh 10 M 254 12 25
14. Nain Singh 1K 253 10 5
15. Buri Singh 1K 274 10 5
16. Lachman 1K 302 5 15
Singh
17. Tribath 1K 301 5 10
Singh
18. Prithvi Singh 10 M 233 6 8
19. Pritam Singh 1K 525 10
20. Sandoor 1K 596 50 100 House
Singh Damaged
21. Chuni Lal 5K 596 20 20 One
double
story
damaged
22. Amar Singh 1K 1213 30 10 House
damaged
23. Om Singh 561
24. Surjeet 1K 588/1 15
Singh
25. Hans Raj 1K 586 5 10
26. Manjeet 3K 1157, ? 20
Singh 1160
27. Bhuri Singh 1K 274 10 5
28. Gulam 5K 488 9 2
Mohd.
29. Anchal 1K 303 10 15
Singh
30. Brij Lal 1K 303 10 20
31. Tirath Singh 1K 137 5 15 House
damaged
32. Prem Singh 2K 864
33. Rajesh Singh 10 M 222 10 8
3. It is urged by the petitioners that the respondents No. 1, 5, 6 and 7 be
directed to place the indent for acquisition of land for construction of road
from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District
Ramban in terms of Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act/Rules (for short
3WP(C) No. 1145/2024
“the Act of 2013”). Further prayer has been made for directing the
respondent Nos. 2, 3, 4, 8 and 9 to complete the process of acquisition of
land and disbursement of compensation in terms of the Act of 2013.
4. The respondent Nos. 1, 5, 6 and 7 have filed the response stating therein
that the DPR for the construction of link road from Galli to Dhuril via
Pachal in Panchayat Kanthi, Tehsil and District Ramban (under
NABARD RIDF XXVIII) was prepared on the persistent demand of
public of area with agreed conditions that the land owners will provide
land free from all encumbrances, which is pre-requisite condition for the
sanction of road under NABARD as per the Circular No. 01 PW(R&B) of
2021 dated 12.04.2021 issued by the Director Finance, Public Works
(R&B) Department. The road was sanctioned under NABARD RIDF-
XXVIIII on 14.03.2023 for a length of 05.00 kilometres and accordingly
the work was commenced on 14.11.2023.It is further stated that the
petitioners agreed to provide the land free from all encumbrances and
submitted a resolution to the office of Executive Engineer, PWD(R&B)
Division Ramban duly signed by the locals of the area and DDC, Ramban
including the petitioners. Further, the road stands completed up to RD km
4/600 against the length of 05.00 km. Further, no objection was received
from any of the residents of the villages that they had any objection in
providing the land free of cost and after the completion of the work, the
petitioners have filed the present petition and as such, they are not entitled
to any compensation. It is further averred that as per the Circular dated
12.04.2021, compensation in lieu of land can be considered in case 80% or
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WP(C) No. 1145/2024
above land of an individual is involved or house of family comes in the
alignment of the road on case-to-case basis.
5. The respondent No. 2, 3, 4 and 8 have also filed the response stating there
in that DPR of the road was framed on the persistent demand of the public
of the area with agreed condition that the land owners will provide land
free from all encumbrances which is pre-requisite condition for the
sanction of “Gali to Dhuril via Pachal road” in Panchayat Kanthi, Tehsil
and District Jammu under NABARD as per the Circular No. 01 PW(R&B)
of 2021 dated 12.04.2021 issued by the Director Finance Public Works
(R&B) Department. The respondent Nos. 2, 3, 4 and 8 have in fact
reiterated the defence of the other respondents as mentioned above in their
response. In addition, the respondent Nos. 2, 3, 4 and 8 have submitted
that directions have been issued to Executive Engineer, PWD(R&B)
Division Ramban that where the damages have been caused on the part of
the of the contractor, such individuals should be compensated, and
protection was also provided to avoid any further damage. It is also stated
that the compensation for the damaged structure of petitioner No. 31
should be paid to him.
6. Mr. Rajdeep Singh Thakur, learned counsel for the petitioners submits that
the aforementioned road could not have been constructed on the land
owned and possessed by the petitioners except in accordance with law and
Circular No. 01 (supra) cannot override the constitutional rights of the
petitioners, therefore, the respondents cannot have refuge under circular
No. 01 of 12.04.2021 (supra) for the purpose of denying compensation to
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WP(C) No. 1145/2024
the petitioners under the Act of 2013. He has prayed the deletion of
respondent No.9 from the array of the respondents.
7. Mr. Ravinder Gupta, learned counsel for the respondents No. 1, 5, 6 and 7
has submitted that the petitioners had themselves, volunteered for
construction of the aforementioned road on their proprietary lands without
compensation and they had signed on the resolution as well, therefore,
they are estopped from claiming any compensation. She has further laid
much stress upon the circular No. 01 of 12.04.2021 (supra) to demonstrate
that the road was sanctioned only when the condition contained in the
Circular (Supra) with regard to non-claiming of compensation was
fulfilled.
8. Ms. Monika Kohli, Sr. AAG has also towed the line of arguments of Mr.
Ravinder Gupta.
9. Heard and perused the record.
10. The sole ground on which the claim of the petitioners for grant of
compensation is being denied by the respondents is that the petitioners
had, in fact, donated the land free of cost for raising construction of road
and in terms of Circular No. 01 of 12.04.2021 issued by the PWD(R&B)
Department, the land should be free from all encumbrances and the land
compensation can be considered only in case 80% or above land of an
individual is involved or house of family comes in alignment of the road
on case-to-case basis.
11. The Respondents have not denied the ownership of the land of the
petitioners. The Circular No. 01 dated 12.04.2021(supra) cannot be made
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WP(C) No. 1145/2024
a basis for the purpose of denying the compensation to the petitioners in
respect of their land consumed by the respondents for the purpose of
constructing road from Galli to Dhuril via Pachal in Panchayat Kanthi,
Tehsil and District Ramban.
12. In terms of Article 300-A of the Constitution, no person can be deprived
of his property except in accordance with law, meaning thereby that the
right to property though not being a fundamental right continues to be a
constitutional right.
13. The above said Circular issued by the PWD(R&B) Department cannot
override the constitutional right of the petitioners and as such, is required
to be ignored and cannot be pressed into service for denying the
petitioners of their right to compensation in lieu of the land utilized by the
respondents for the construction of Road from Galli to Dhuril via Pachal
in Panchayat Kanthi, Tehsil and District Ramban.
14. Next, it is contended by the respondents that the petitioners once have
signed the resolution, they are estopped from claiming any compensation
in lieu of their land, which they voluntarily offered for the purpose of
construction of Road from Galli to Dhuril via Pachal in Panchayat Kanthi,
Tehsil and District Ramban. The respondents have annexed the resolution
dated 14.05.2023 on record and the contents of the same are extracted as
under:-
“Today on 14.05.2023, a meeting was held at Ward No. 5, Pachal
Panchayat Kanthi in which prominent people of village Kanthi and
Panch of Ward No. 5 and 2 participated.
The agenda of the meeting was the construction of road recently
sanctioned by the Government that in meeting it was decided that
the road will be constructed through Pachal Mohra and the people
of Ward No. 5 Pachal and Ward No. 2 Dhuril have no objection in
7WP(C) No. 1145/2024
the construction of the road as per government rules and
regulations.
That all the people and residents of the above said have no
objection in construction of road through their land as per law and
norms of the Government of U.T. of J&K.”
Hence, the signatures of residents of Pachal and Dhuril of
villageKanthi a-re as under:
1. Sh. Tirath Singh S/o Sh. Gian Chand’
2. Sh. Veer Vikram Singh S/o Sh. Bharat Singh.
3. Sh. Dina Nath S/o Sh. Shivditta.
4. Sh. Kali Singh S/o Sh. Choor Singh.
5. Sh. Sarjeet Singh S/o Sh’ Choor Singh”
15. There is no whisper in the resolution that the petitioners are offering their
land voluntarily, thereby waiving off their right to claim compensation for
the same. Even otherwise demanding such type of resolution amounts to
blackmailing the poor residents of the village, who are virtually forced by
the respondents to forego their rights of compensation over the land
owned and possessed by them only for the purpose of getting road
connectivity to their villages. This action of the respondents is in antithetic
to the very concept of a welfare state.
16. In view of the above, this Court is of the considered view that the
petitioners have every right to receive the compensation in lieu of their
lands consumed by the respondents for the purpose of construction of road
from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District,
Ramban. Accordingly, it is directed that the respondents shall initiate and
complete the acquisition proceedings in accordance with the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act/Rules for grant of compensation to the petitioners in lieu
of their lands consumed by them for constructions of road from Galli to
Dhuril via Pachal in Panchayat Kanthi, Tehsil and District Ramban and
pay due compensation to them in accordance with law. The entire exercise
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WP(C) No. 1145/2024
be completed within a period of six months from the date a copy of this
order is available with the respondents. The respondent No.9 is deleted
from the array of the respondents in view of the statement made by the
learned counsel for the petitioners.
17. Disposed of.
(RAJNESH OSWAL)
JUDGE
Jammu:
07.03.2025
Suraj
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/NoRakesh Kumar
2025.03.13 14:03
I attest to the accuracy and
integrity of this document
