Jammu & Kashmir High Court – Srinagar Bench
Kulsuma vs Rafi Ahmed Rafi & Ors on 11 August, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 05
REGULAR CAUSE LIST
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) 494/2023
In WP(C) 2619/2021
Kulsuma. ...Petitioner(s)
Through: Mr. J. H. Reshi, Advocate.
Vs.
Rafi Ahmed Rafi & Ors. ...Respondent(s)
Through: Ms. Raheela Khan, Assisting Counsel vice
Mr. Abdul Rashid Malik, Sr. AAG.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
11.08.2025
01. The petitioner who came to be deprived of
ownership and possession of her 10 marlas and 61/2-
sirsai parcel of land comprising khasra No. 223 in
Korigam Tehsil Qazigund, was not bothered to be paid
compensation of any sort whatsoever by the State and
its authorities. In fact, the petitioner’s said land is said
to have been usurped with impunity for the purpose of
construction of a link road from Old National Highway
at Qazigund opposite Gousia College leading up to the
New Colony, Qazigund as but for use of the petitioner’s
said parcel of property there was no possibility of
providing the said connecting link for the road from Old
National Highway at Qazigund opposite Gousia College
to the residential colony known as Gousia Colony.
02. The petitioner was constrained to approach this
court with a writ petition WP(C) 2619/2021 which came
to be disposed of on merits by the Hon’ble Division
Bench in terms of its order dated 7th April, 2023 with a
direction to the writ respondents who being (1) Principal
Secretary to Government, Public Works (R&B)
Department, (2) the Divisional Commissioner, Kashmir,
(3) the Deputy Commissioner, Anantnag, (4) the
Collector Land Acquisition (SDM), Doru and (5) the
Engineering Establishment of the PW (R&B), Kashmir,
Qazigund and lastly, Tehsildar, Qazigund to
immediately and forthwith initiate formal process of
acquisition of the subject land of the petitioner in
accordance with the provisions of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation & Resettlement Act, 2013 for enabling
the determination of compensation payable to the
petitioner for her land coming under the public road
construction and macadamization.
03. One of the writ respondents, namely, Executive
Engineer R&B Division Qazigund was specially directed
to take immediate steps to place a formal indent for
acquisition of the petitioner’s land and ensure that the
entire process is followed with just and fair
compensation made available to the petitioner within a
period six months.
04. Running of given six months’ time period
started from the date of passing of the order dated 7th
April, 2023 and came to expire in October, 2023, during
which the petitioner could not have the solace of seeing
the compensation getting into her hands for the simple
reason that nothing was done at the end of the writ
respondents in terms of compliance of the direction
given by the Hon’ble Division Bench and thus, the
petitioner was constrained to come forward with the
present contempt petition filed on 29th November, 2023,
05. Even from the date of filing of the present
contempt petition, one year and nine months have gone
by and this court is still being served not with the final
compliance in letter and spirit of the direction of the
Hon’ble Division but so-called statement of facts
supplemented by the compliance report of one kind and
another, literally meaning that the respondents/
contemnors are availing baby steps in the matter of
carrying out the compliance of the Division Bench
order.
06. Ms. Raheela Khan, learned Assisting Counsel to
Mr. Abdul Rashid Malik, learned Senior Additional
Advocate General today is coming forward with the so-
called latest statement of facts/compliance report on
behalf of the Chief Engineer PW (R&B), Kashmir, in
which in Para 6 some more time is being sought to file a
fresh compliance report in the matter and that is a
statement good enough to tell this Court that the things
are being done not in compliance of the Division Bench
directions but on the convenance mode of the
respondents, that too driven by their whims and fancies
in the sense that till date three compliance reports have
come on record i.e. compliance reports dated 4th
February, 2025, 6th March, 2025 and 29th April, 2025
and in none of these three so-called statement of facts/
compliance reports a whisper of the fact has been made
as to whether the ignition point of the acquisition under
the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation & Resettlement Act,
2013 which envisages placement of an indent to be
followed with publication of notice under Section 11 of
the Act has been undertaken or not.
07. Before this court proceeds to consider directing
the personal appearance of the Principal Secretary to
Government, PW (R&B) Department, Union Territory of
Jammu & Kashmir, for continuing and willful non-
compliance of the direction of the Hon’ble Division
Bench, let Ms. Raheela Khan, learned Assisting Counsel
to Mr. Abdul Rashid Malik, learned Senior Additional
Advocate General submit the latest statement of facts/
compliance report for facility of perusal of the latest
update with respect to the situation.
08. Needful be done within two days.
09. List on 18th August, 2025.
(RAHUL BHARTI)
JUDGE
SRINAGAR:
11.08.2025
“HAMID”