HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU WP(C ) No. 315/2023 Mohd Rashid Khan Through :- Mr. Abrar Ahmed Khan Advocate. V/s UT of Jammu and Kashmir and others Through :- Ms Monika Kohli Sr. AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE JUDGMENT(ORAL) 1 By this petition, the petitioner seeks issuance of the following directions: (i) A writ of certiorari for quashing Notification dated 30.09.2019 issued under Section 4 of the J&K Land Acquisition Act, 1990; (ii) A writ of certiorari for quashing order dated 02.07.2022 issued by respondent No. 2, whereby the list of structures has been submitted; (iii) A writ of certiorari for quashing communication dated 20.10.2022 addressed by respondent No. 2 to the Superintendent Engineer, PW(R&B), Rajouri, wherein the compensation of the petitioner has been quantified at Rs.37,21,734; (iv) A writ of prohibition restraining the respondents from acquiring the petitioner’s land, residential house, shops, and borewell without following the due process of law as envisaged under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2 2. Notice in this petition was issued on 20.02.2023. On 18.03.2023, when the matter was again taken up, this Court directed that in the event any of the houses or standing structures belonging to the petitioner were to be demolished, the same shall not be done without first conducting proper measurement in the presence of the petitioner. 3 Objections to this petition have also been filed. 4. Today, when the matter was taken up for consideration, learned counsel for the petitioner, at the very outset, submitted that the present case is squarely covered by the judgment dated 26.02.2024 passed by this Court in WP(C) No. 2247/2021, and prayed for disposal of the writ petition in terms thereof. 5. On the other hand, Ms. Kohli, learned Senior AAG, submitted that the subject matter of the present petition also pertains to the land acquisition proceedings initiated by the respondents through the very same Notification, which stands quashed by this Court in the aforesaid judgment. 6. Upon perusal of the judgment relied upon, it is evident that the Notification under challenge in the present petition has already been quashed by this Court. In view thereof, no fruitful purpose would be served by keeping the present petition pending. Accordingly, the present writ petition is disposed of in terms of the judgment dated 26.02.2024 passed in WP(C) No. 2247/2021. Since the impugned Notification has already been quashed, there is no need to pass fresh orders for quashing the same in this petition. However, it is directed that in case the respondents are still interested in acquiring the land and structures belonging to the petitioner, they shall be at liberty to do so strictly in accordance with law in force. Till such time, the 3 petitioner shall not be dispossessed from the land, house(s), shop(s), or borewell in question. 7. With these directions, the present writ petition stands disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 04.06.2025 Sanjeev Whether approved for judgment: Yes/No