Sr. No.05 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP (C) No. 499/2025 CM No. 1188/2025 01. Gulshan Kumar Gupta Age 66 years S/o Late Sh. Dharam Chand Gupta. 02. Veena Gupta W/o Gulshan Kumar Gupta R/o 141/6, Channi Himmat, Jammu …Petitioner(s)/Appellant(s) Through: Mr. Aditya Gupta, Advocate. V/s 01. Union of India Ministry of Transport & Roadways Through its Secretary New Delhi. 02. Regional Officer National Highway Authority of India Sec-1 Channi Himmat, Jammu. 03. Project Director National Highway Authority of India PIU –Udhampur. 04. Deputy Commissioner Jammu. …. Respondent(s) Through: Mr. Sunny Mahajan, Advocate. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 03.03.2025 01. The grievance of the petitioners is that their land and structure existing on land measuring 01 Kanal 11 Marlas falling under Khasra No. 309 min (old) 2013 min (new) situated at Revenue Village Channi Rama Tehsil Bahu, District Jammu is being encroached upon by respondent Nos. 2 and 3 with a view to construct Expressway. 02. Issue notice to respondent Nos. 1 to 3 in the first instance. 03. Mr. Sunny Mahajan, Advocate accepts notice on behalf of respondent Nos. 1 to 3. 04. Learned counsel appearing for respondent Nos. 1 to 3 has contended that the Expressway is being constructed on the land which has been acquired by the National Highway Authority of India and that no construction is being raised on the land belonging to the petitioners, as has been claimed by them. He has further submitted that construction of the Expressway is being raised on the land which has been acquired and handed over to the respondent-Authority by Public Works Department of Union Territory of Jammu and Kashmir. 05. Having regard to the controversy involved in the present petition it appears that the same can be resolved by extending a direction to respondent No. 4- Deputy Commissioner, Jammuto get the land belonging to the petitioners demarcated. 06. Accordingly, the instant writ petition is disposed of with a direction to the respondent No. 4-Deputy Commissioner, Jammu to demarcate the land of the petitioners and if it is found that the said land has not been acquired by respondent Nos. 1 to 3 in accordance with law, they shall not utilise the said land without adopting due course of law. 07. Respondent No. 4- Deputy Commissioner, Jammu shall get the demarcation of the land in question conducted most expeditiously, preferably within a period of 15 days from the date a copy of this order is made available to him. The demarcation shall be undertaken in presence of the petitioners and representative of the National Highways Authority of India. 08. Disposed of. (SANJAY DHAR) JUDGE Jammu 03.03.2025 Renu Renu Bala 2025.03.03 19:14 I attest to the accuracy and integrity of this document