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2025 DAILYLAW 15145 (JK)

MST. TAJA v. UNION TERRITORY OF J AND K AND OTHERS. (PHE DEPARTMENT)

WP(C)/182/2023 · 2025-12-04

Rajesh Sekhri

Writ Petition (Civil)body2025

Judgment text

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Serial No. 02 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 182/2023 CM(277/2023) MST. TAJA …Appellant(s)/Petitioner(s) Through: Mr. Bilal Ahmad Malla, 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. ORDER 04.12.2025. 1. Petitioner has invoked writ jurisdiction of this Court for commanding the respondents to follow the procedure regarding acquisition of her proprietary land, as laid down in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [“the Act of 2013”]. 2. The case set out by the petitioner is that Department of Jal Shakti (PHE), Srinagar, in order to construct a Filtration Plant and Clear Water Sump for Water Supply Scheme, Hayatpora Kaisarmulla, Budgam, forcibly acquired land, measuring 2 kanals and 5 marlas, under Khasra No. 2051, situate at Village Malpora, Tehsil Charari Sharief, District Budgam, belonging to her and one, Mohammad Yousuf Yatoo- her brother. According to the petitioner, her brother, Mohammad Yousuf Yatoo, demanded payment of compensation against his proprietary land of 1 Kanal 5 Marla, while she was promised by the Department that her husband, namely, Manzoor Ahmad Bhat, will be given appointment on permanent basis in the Department in lieu of land, measuring 1 kanal, under Survey No. 2051. This promise, according to the petitioner, was extended to her in the year 2012, when her proprietary land was taken into possession by the Department and she was made to execute various documents. 3. It is allegation of the petitioner that the Department, taking advantage of her illiteracy, got the subject land mutated in the revenue records as if it was donated by her without any compensation on 30.09.2014. 4. It is contention of the petitioner that neither her representation regarding employment to her husband was entertained, nor any compensation under the Land Acquisition Act was paid to her and the Department has become absolute owner of the subject land without payment of any compensation or employment to her husband. 5. Mr. Jehangir Ahmad Dar, learned GA for respondents, has no objections if respondents are directed to process the acquisition of proprietary land of the petitioner, subject to 30-Point checklist, with respect to title verification and other legal formalities. His statement is taken on record. 6. In view of the statement made by learned counsel for the respondents, present petition is allowed and respondents are directed to initiate the process of acquisition of the subject land and pass appropriate award, by following the procedure laid down in the Act of 2013, subject to verification of the land and legal formalities. 7. Needful be done within a period of six months from the date copy of this order is made available to the respondents. 8. With the aforesaid direction, the present petition, along with connected CMs, stands disposed of. (RAJESH SEKHRI) JUDGE Srinagar: 04.12.2025. Misba