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to invoke the provisions of the erstwhile & repealed State Acquisition Act and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accordance with the Act of 2013 and not as per the repealed State Act of Svt.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
3 WP(C) No. 1130/2025
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
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