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2025 DAILYLAW 12179 (JK)

MOHD BASHIR BHAT AND ANR v. STATE OF J AND K TH. COMMISSIONER SECY. DEPTT. OF REVENUE AND ORS

OWP/2220/2018 · 2025-10-07

Sanjay Dhar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- OWP No.2220/2018 Mohd Bashir Bhat & Anr. ….. Petitioner(s) Through: Mr. R P Sharma, Sr. Advocate with Mr. Rohit Gupta, Advocate Vs State of J&K & Anr. .….Respondent(s) Through: Ms. Chetna Manhas, Advocate vice Ms. Monika Kohli, Sr. AAG Ms. Salika Sheik, Advocate Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (07.10.2025) 1. The petitioners, through the medium of present petition, have sought a direction upon the respondents for the construction of approach road Adit-I of Parnai Hydel Project, Draba, situated at village Buffliaz, tehsil Surankote, District Poonch, as per the original layout/survey plan, with a further direction not to deviate from the actual portion of acquired land comprised in khasra No.1540 measuring 1 kanal 2 marlas, which is a part of the final award dated 27.06.2016. 2. The grievance of the petitioners is that the respondents, while constructing the aforesaid road, are deviating from Serial No. 15 2 OWP No.2220/2018 the original alignment, as a result of which damage is being caused to their property situated at village Buffliaz. 3. Separate objections have been filed by respondents No.1, 3 & 5 as also by respondents No.2 & 4 to the writ petition. In their objections, the respondents have taken a stand that the construction of the road has been undertaken on the acquired land and the alignment of the road has not been deviated. It has further been submitted that damage caused to the land abdutting the residential building of the petitioner has been rectified and adequate protection has been provided by the Executive Engineer concerned. 4. In view of the stand taken by the respondents, the grievance of the petitioners stands redressed. Therefore the petition is disposed of with a direction that in future, the respondents shall not change the alignment of the road or cause damage to the property of the petitioner without compensating him in accordance with law. (SANJAY DHAR) JUDGE JAMMU 07.10.2025 Sneha