Jammu & Kashmir High Court – Srinagar Bench
Zamindaran Committee Through Its … vs Union Of India And Ors on 3 April, 2025
S. No. 89
Supplementary Cause List
HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1557/2024
CM No. 1786/2025
CM No. 4205/2024
CM No. 4206/2024
Zamindaran Committee through its President ...Appellant(s),Petitioner(s)
Shabir Ahmad Sofi
Through: Mr. S. N. Ratanpuri, Advocate with
Ms. Fiza, Advocate.
Vs.
Union of India And Ors. ...Respondent(s)
Through: Mr. T. M. Shamsi, DSGI with
Ms. Shagufta Maqbool, Advocate
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI JUDGE
ORDER
03.04.2025
1. Mr. T. M. Shamsi, learned DSGI, representing respondents No. 1 to
4 and 7 submits that an exercise has been set afoot under the regime
of J&K Requisitioning and Acquisition of Immovable Property Act,
1968 and the Rules thereunder which is intended for the acquisition
of the requisitioned land with respect to which a representative writ
petition was filed in the year 1998 bearing OWP No. 292 of 1998
which resulted in its disposal on 22.12.2003 and now the second
writ petition, the present one, for the same very purpose that too in
a representative capacity, came to be instituted. Therefore, the
exercise which has been set on roll for acquisition of the
requisitioned property/ies is going to attain its logical end and
purpose within a reasonable period of time given the fact that multi-
layered formalities under the J&K Requisitioning and Acquisition
of Immovable Property Act 1968 are required to be rigorously
followed leaving no scope for any default at the end not only of the
acquisition authorities but also at the end of the Union of India as
well.
2. In the light of this statement by Mr. Shamsi, this Court sees that
this writ petition shall remain no longer on the docket of this court
as a fair disposal can be given to this writ petition by directing all
the respondents concerned to carry forward the exercise for
acquisition of the requisitioned property/ies to its logical end within
a reasonable period of time by bearing in mind the fact that even the
Hon’ble Supreme Court of India in its order dated 14.12.2009 had
setup a timeline for doing the exercise which has expired long back
without the desired exercise having been taken to its logical end and
closure.
3. This Court leaves the sense of reasonable time to the better
discretion of the concerned respondents, however, in case if any land
owner/holder of the requisitioned property would reckon that the
concerned respondents are indulging in dilatory tactics and/or
timewasting despite disposal of this writ petition by extending
reasonable time at the disposal of the respondents, then such an
aggrieved land owner/holder would be well within his/her right to
come forward individually or jointly with an independent writ
petition to seek the relief for which present writ petition came to be
filed without reference to any individual aggrieved owner/holder but
in a representative capacity
4. Disposed of in above terms, along with connected CM(s).
(RAHUL BHARTI)
JUDGE
SRINAGAR
03.04.2025.
Shoaib
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