HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 17/2025 Omesh Singh & Ors. …..Appellant(s)/Petitioner(s) Through: Mr. O.P Thakur, Sr. Advocate. q vs UT of J&K & Ors. .…. Respondent(s) Through: Mr. Nazia Fazal, Advocate vice Mrs. Monika Kohli, Sr. AAG for 1 to 3. Mr. Ravinder Gupta, AAG for 4 to 6. Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 02.01.2025 01. Petitioners have invoked writ jurisdiction of this Court under Article 226 of the Constitution of India for issuance of appropriate writ, direction or order for the following reliefs:- “……that the writ petition may kindly be accepted by issuing an appropriate writ, direction or order including in the nature of writ of mandamus commanding the respondents to complete the acquisition proceedins in respect of the land measuring 5 kanals, 3 marlas and 6 Sarsai comprising of khasra no. 370-min and 1369/370 situated at Village Dhanmasta, Tehsil Pogal Paristan, (Ukhral), District, Ramban which has been utilized for the construcitoin of road from hewagon to Dhanmasta (01 KM to 03 KM) (additional land) for which notification dated 27.02.2024 under Section 11 (1) of The Right to Fair Compensation and Transparency in Land Acquisiton, Rehabilitation and Resettlement Act, 2013 has been issued, but the same has not been completed and pay the compensation to the petitioners with all consequential benefits. 19 2 WP(C) no. 17/2025 Costs of the petition with such other additional or alternate relief, which this Hon’ble Court may in the facts and circumstances of the case deem fit and proper, be also awarded in favour of the petitioners.” 02. Case of the petitioners is that Government of J&K through Pardhan Mantri Gramin Sadak Yogna (JKRRDA), Jammu sanctioned construction of Hewagon- Dhanmasta Road and passed an award for the land upto 03 km. It is further case of the petitioners that during the construction of the subject road, a formal indent dated 24.06.2021 came to be placed for the acquisition of additional land measuring 05 kanals 03 marlas and 06 sarsai, the acquisition proceedings under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Right to Fair Compensation Act) and the Rules framed thereunder were initiated and notification no. CLA/SDMR/23/244-51 dated 27.02.2024 came to be issued under Section 11(1) of the Act by respondent no. 3 i.e. Collector Land Acquisition who was designated as Collector vide SO No. 237 dated 23.07.2020 issued by respondent no. 1. Pursuant thereto, respondent no. 3 notified the aforesaid additional land required for public purpose. In the process, respondent no. 3, vide its letter no. CLA/SDMR/24/172 dated 18.10.2024, requested respondent no. 6 to deposit the compensation of land amounting to Rs. 1.25 crores approximately for completion of acquisition proceedings and respondent no. 6 vide its letter dated 25.10.2024, requested respondent no. 5 to release the said amount of compensation so that same could be placed at the disposal of Sub Divisional Magistrate, Ramsoo (Collector Land Acquisition) for necessary action. Respondent no. 5 vide letter dated 26.11.2024 requested respondent no. 4 for release of the said amount and placing the same at the disposal of the Collector Land Acquisition for 3 WP(C) no. 17/2025 disbursement to the beneficiaries. The grievance of the petitioners is that their land has been utilised for the construction of the subject road, however, neither acquisition proceedings have been completed nor compensation is paid to them 03. Mr. O.P Thakur, learned Senior Counsel for the petitioners has submitted that he will be satisfied if respondents are commanded to conclude the acquisition proceedings, assess and pay the compensation under The Right to Fair Compensation Act, within a timeframe. 04. Ms. Nazia Fazal, Advocate appearing vice Mrs. Monika Kohli, learned Sr. AAG for respondents no. 1 to 3 and Mr. Ravinder Gupta learned AAG for respondents no. 4 to 6 are not averse to the proposal in accordance with law. 05. In view of limited nature of controversy and the innocuous prayer made by learned Senior Counsel for the petitioners, the present petition is admitted to hearing and disposed of at the threshold with a direction to the respondents to accord consideration to the plea raised by the petitioners in the present petition, conclude the acquisition proceedings, assess and pay the compensation to the lawful landowners under The Right to Fair Compensation Act in accordance with law within a period of ten weeks from the date a copy of this order alongwith copy of the writ petition and documents annexed therewith are made available to them. 06. With the aforesaid direction, the present petition stands disposed of. (Rajesh Sekhri) Judge Jammu 02.01.2025 Abinash