HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 450/2021 Abdul Gani Shah & Ors. …..Petitioner(s) Through: Mr. A.K. Shan, Advocate. Vs Union of India & Ors. .…. Respondent(s) Through: Mr. Vishal Sharma, DSGI Ms. Chetna Manhas, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 25.08.2025 1. The petitioners, through the medium of the present petition, have sought a direction upon the respondents that they should be paid rent as per prevailing market rates for use and occupation of land under Khasra Nos. 187 and 188 situated at village Matta of Tehsil and District Kishtwar, which according to the petitioners is under the occupation of the respondents. 2. As per case of the petitioners, they are owners of land measuring 6 kanals and 9 marlas comprising in Khasra Nos. 4516, 4524 and 4527, situated at village Kishtwar and Khasra No. 187 situated at village Matta of Tehsil Kishtwar. It has been submitted that in the year 1985 a French Consortium Co. (DSB) while executing work of Dul-Hasti Hydroelectric Project at Kishtwar, used the Sr. No. 18 2 WP(C) No. 450/2021 land of the petitioners and the adjoining land of one Sh. Lokesh Kumar for landing of helicopters and for providing security to the helipad. 3. It has been further submitted that the petitioners were not permitted to occupy the land for running a Joinery Mill for which they had obtained permission from the Government. 4. It has been further submitted that upon failing to get any positive response from the Army Authorities i.e. respondent No. 2 and 3, the petitioners approached Deputy Commissioner, Kishtwar by moving an application dated 23.11.2019. The revenue officers visited the spot and submitted a report dated 06.12.2019 endorsing the claim of the petitioners. It has been submitted that upon receipt of the demarcation report, the Deputy Commissioner, Kishtwar, addressed a communication dated 11.12.2019 to Commandant Officer 26 Rashtriya Rifles asking them to pay pending amount of rent to the petitioners but till date rent has not been paid to the petitioners, hence the present petition. 5. The respondents in their reply to the writ petition have submitted that Army has acquired 59 kanals and 11 marlas of land for Advance Landing Ground at Kishtwar on 22.01.1996 and subsequently, additional 58 kanals and 19 marlas of land has been 3 WP(C) No. 450/2021 requisitioned for establishment of Company Operating Base and Advance Landing Ground on 01.04.2022. It has been submitted that the land of the petitioners was never acquired/requisitioned by the Army nor the same was under occupation of the Army for any purpose whatsoever. On this ground, it has been contended that the petitioners are not entitled to recover any rent from the respondents. 6. Regarding communication received from the Deputy Commissioner, Kishtwar in the year 2019, the respondents have submitted that vide communication dated 28.01.2020 the actual facts were brought to the notice of the Deputy Commissioner, Kishtwar and it was made clear that the land in question was never occupied by the Army. 7. During the pendency of the writ petition, an order came to be passed by this Court on 17.11.2023 whereby Deputy Commissioner, Kishtwar was made a party to the writ petition and a direction was issued to the said authority as also to the Commanding Officer 26 Rashtriya Rifles to visit the spot and have fresh demarcation and verification of the land in question in presence of the Tehsildar, Kishtwar for the land bearing Khasra No. 4516, 4524 and 4527 situated at village Kishtwar and Khasra Nos. 187 and 188 of village Matta, Tehsil and District Kishtwar. 4 WP(C) No. 450/2021 8. Pursuant to the aforesaid order, the Deputy Commissioner, Kishtwar has filed affidavit dated 21.05.2024 along with the report of demarcation. In the said affidavit, it has been submitted that total area of land in Khara Nos. 4516 and 4524 of Kishtwar and Khasra No. 188 of village Matta on spot is 05 kanals and 12 marlas, however, land measuring 16 marlas does not exist on spot. It has been further submitted that land measuring 5 kanals and 12 marlas of the petitioners was demarcated and it was found to be vacant/barren. 9. I have heard learned counsel for the parties and perused record of the case. 10. The claim of the petitioners is that their land is under the use and occupation of the Army Authorities for guarding helipad situated on spot but no rent is being paid to the petitioners by the Army Authorities for the use and occupation of the land in question. 11. If we have a look at the averments made in the writ petition, although, reference to land falling under Khasra No. 4516, 4524 and 4527 of village Kishtwar and land falling under Khasra No. 187 situated in village Matta of Tehsil Kishtwar, is made in para (1) of the petition, yet, in the relief para of the writ petition, the petitioners are seeking payment of rent in respect 5 WP(C) No. 450/2021 of land under Khasra Nos. 187, 188 situated at village Matta. The copy of the khasra Girdwari annexed with the writ petition shows that the land under Khasra No. 187 situated at village Matta, is under the occupation of one Lokesh Kumar whereas land measuring 3 kanals 12 marlas in Khasra No. 188 of said village is shown to be belonging to the petitioners under their self cultivation. 12. It is an admitted case of the petitioners that land measuring 14 marlas under Khasra No. 187 of village Matta belongs to Lokesh Kumar and not to the petitioners. So we are concerned only with the land measuring 3 kanals and 12 marals in Khasra No. 188 of village Matta. Regarding the said portion of the land, the joint demarcation report prepared pursuant to the orders passed by this Court reveals that entire land measuring 5 kanals 12 marlas including land measuring 3 kanals and 12 marals falling in Khasra No. 188 of village Matta is available on spot which is barren and vacant meaning thereby that the said portion of the land is not in use and occupation of the respondents. 13. It appears from a perusal of the joint demarcation report that the petitioner No. 1 during the spot inspection had made a complaint to the authorities that he is not being allowed to cultivate his land by the 6 WP(C) No. 450/2021 Army Authorities but the respondents have denied this fact and there is no finding in the demarcation report to support this assertion of petitioners. The issue as to whether the Army Authorities are not allowing the petitioners to make use of the land in question becomes a disputed question of fact which cannot be gone into by this Court in these proceedings. 14. In view of the fact that land of the petitioners is available on spot and is not under the occupation of the respondents, they are not entitled to any rental compensation from the respondents. However, a direction is issued to the respondents that they shall not interfere in petitioners’ lawful use of the land in question and in case, they intend to make use of the said land, they shall do so only in accordance with law. 15. The writ petition is, accordingly, disposed of, in above terms. (SANJAY DHAR) JUDGE JAMMU 25.08.2025 SUNIL Whether the order is speaking : Yes Whether the order is reportable : No