HAJI RAQEEB KHAN AND OTHERS v. UT OF J AND K TH COMMISSIONER SECRETARY, PUBLIC WORKS (R AND B) DEPARTMENT, JAMMU AND OTHERS
WP(C)/762/2025 · 2026-02-11
Sanjeev Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 202 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 762/2025 Date of pronouncement: 11.02.2026. Date of uploading: 13.02.2026
1. Haji Raqeeb Khan, Age 66 years, S/o Sakhi Walayat Khan.
2. Mohd. Taj Khan, Age 63 years s/o Ala Ditta Khan.
3. Mahfooz Ahmed, Age 37 years, S/o Mohd. Rashad
4. Mohd. Rashid, Age 68 years, S/o Hussain Mohd.
5. Mohd. Naseem, Age 63 years, s/o Mohd. Hussain.
6. Maqbool Hussain, Age 53 years S/o Abbas Ali
7. Amjid Hussain Shah, Age 48 years s/o Zaman Hussain Shah
8. Mohd. Ashraf, Age 48 years s/o Noora Khan All residents of village Gulhuta, Tehsil Mendhar District Poonch.
9. Nisar Ahmed Khan, Age 72 years S/o Mohd. Hafeez Khan R/o Village Gulhuta Tehsil Mendhar District Poonch.
.....Applicant(s)/Petitioner(s)
Through :- Mr. Abrar Ahmed Khan, Advocate
v/s
1. The Commissioner Secretary PWD R&B, Civil Secretariat, Jammu.
2. The Deputy Commissioner Poonch.
3. The Assistant Commissioner Revenue Poonch.
4. The Chief Engineer PWD R&B, Pragati Bhawan, Rail Head Complex, Jammu.
Sr. No. 04
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5. The Executive Engineer, R&B (PWD), Poonch.
.....Respondent(s)
Through :- Ms. Monika Kohli, Sr. AAG Ms. Pallavi Sharma, Advocate vice Mr. Ravinder Gupta, AAG
CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER(ORAL)
1. Having regard to the nature of controversy involved in this petition, there is hardly any issue to be resolved through mediation.
2. In this petition, the petitioners are aggrieved of the manner in which the respondents have taken over their landed property without following due process of law and without providing them just compensation.
3. Petitioners are seeking the acquisition of their land strictly in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [“the Act of 2013”]. During the pendency of this petition and pursuant to the directions issued by this Court, the respondents have now initiated the process of acquisition by issuing a preliminary notification under Section 11 (1) of the Act of 2013 on 21.01.2026.
4. Since the Collector Land Acquisition (SDM Mendhar) has already initiated the proceedings under the Act of 2013, as such, nothing survives in this petition for adjudication except that a direction is required to be issued to the respondents to complete the acquisition proceedings strictly as per the timeline prescribed under the Act of
2013.
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5. This petition is, accordingly, disposed of with a direction to the Collector Land Acquisition (SDM Mendhar) to proceed ahead and conclude the acquisition proceedings within the time prescribed under the Act of 2013.
(Sanjeev Kumar)
Judge
JAMMU 11.02.2026 Manik Whether this order is speaking: Yes/No Whether this order is reportable: Yes/No