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
DailyLaw.ai
[ 2025 DAILYLAW 12179 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12179 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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