MST. RAJA v. UNION TERRITORY OF J AND K AND OTHERS. (IRRIGATION AND FLOOD CONTROL DEPARTMENT)
WP(C)/83/2023 · 2025-11-26
Rajesh Sekhri
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 14725 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14725 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 8
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 83/2023 CM(132/2023 MST. RAJA …Petitioner/Appellant(s) Through: Mr. Showkat Ali Khan, Advocate. Vs.
UNION TERRITORY OF J AND K AND OTHERS. ...Respondent(s) Through: Mr. Jehangir Ahmad Dar, GA.
CORAM:
HON’BLE MR JUSTICE RAJESH SEKHRI, JUDGE
O R D E R 26.11.2025 Petitioner claims to be owner in possession of a plot of land measuring 01 kanal and 12 marlas under Khasra No.407 min (new) and 522 (old) situate at Shalteng Srinagar. It is case of the petitioner that she raised residential house on this piece of land along with boundary wall strictly in tune with building permission accorded in her favour by the Srinagar Municipal Corporation. Petitioner is aggrieved of impugned notice No.ISDS911-13 dated 12.01.2023 issued by Assistant Executive Engineer Irrigation Sub Division Sumbal, vide which she has been directed to remove illegal encroachment, primarily on the ground that she has not encroached any land and has raised construction on her own land in tune with building permission only. Response stands filed. It is stand of the respondents that petitioner has encroached upon the Shalteng Canal to an extent of 07 feet by constructing boundary wall. Heard and perused.
Mr. Showkat Ali Khan, learned counsel for the petitioner has submitted that petitioner has not encroached upon any land or irrigation canal and this petition can be disposed of by directing the respondents to have the subject land demarcated with the aid and assistance of revenue department and in case any land is found encroached upon, petitioner shall voluntarily surrender the same. Submission of learned counsel for the petitioner is taken on record. In view of above, present petition is disposed of with a direction to the respondents to have the subject land demarcated with the help of revenue authorities in the presence of both the parties and in case any land/irrigation canal/ is found encroached upon by the petitioner, petitioner shall forthwith surrender it in favour of the respondents, failing which respondents shall be at liberty to remove the encroachment at the risk and cost of the petitioner. Needful be done within six weeks from the date a copy of this order along with copy of petition is made available
Disposed of along with connected CMs.
(RAJESH SEKHRI)
JUDGE
SRINAGAR 26.11.2025 Ishaq