TAHIR HUSSAIN AND OTHERS v. U T OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS
WP(C)/3025/2023 · 2026-02-16
Ma Chowdhary
Writ Petition (Civil)body2023
DailyLaw.ai
[ 2023 DAILYLAW 768 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 768 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 3025/2023
Tahir Hussain & Ors.
…..Appellant(s)/Petitioner(s)
Through: Mr. I.H. Bhat, Advocate
vs
UT of J&K & Ors. .…. Respondent(s)
Through: Ms. Nazia Fazal, AC vice Mrs. Monika Kohli, Sr.AAG
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER (16.02.2026)
01. The petitioners, through the medium of the present application, claiming to be the owners of the land in question pleaded that petitioner Nos. 1 to 3 are the proprietors of land measuring 01 kanal and 01 marla comprised in Khasra No. 259, and petitioner No. 4 is the proprietor of land measuring 04 kanals and 15 marlas comprised in Khasra No. 267, situated at Village Chanderkot, Ramban.
02. It is further stated that the aforesaid land has been acquired by the respondents for the construction of the road namely “Chanderkot to Sawni via Maagdan/Dharla” at Village Chanderkot, Tehsil and District Ramban vide final award No. ECQ/Gen/23-29 dated 25.04.2023, passed by the Collector, Land Acquisition, Ramban, whereby total land measuring 97 kanals and 19 marlas was acquired for the construction of the aforesaid road, awarding compensation to the tune of Rs. 130,509,385/- was awarded.
03. It is further averred that the compensation has been duly apportioned under the said award, and petitioner Nos. 1 to 3 have been held entitled to an Serial No. 173
2
amount of Rs. 16,28,712/-, while as petitioner No. 4 has been held entitled to an amount of Rs. 37,42,527/-.
04. The grievance of the petitioners is that, despite the passing of the award in the year 2023 and the acquisition and utilization of their land by the respondents, the compensation payable to them has not been released.
05. It is stated that, pursuant to the notices issued, objections were duly filed, stating therein that the amounts to which the petitioners are entitled have not been disbursed due to the reason that the requisite funds have not been made available, and that the matter has been taken up with the higher authorities.
06. In view of the aforestated facts, no further issue survives for adjudication in the present petition, the same is disposed of with a direction to the respondents to release and pay to the petitioners the compensation amounts to which they have been held entitled to under the final award passed by the Collectorate, expeditiously and preferably within a period of three months, failing which, the petitioners shall be entitled to recover the aforesaid awarded amounts along with interest at the rate of 6% per annum.
07.
Disposed of accordingly.
(M A CHOWDHARY) JUDGE
Jammu 16.02.2026 Amit