Sr. No. 182 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 730/2025 CM No. 1765/2025 Binori Lal and others …. Petitioner/Appellant(s) Through:- Mr. Ayushman Kotwal, Advocate. V/s UT of J&K and others …..Respondent(s) Through:- Mr. Vivek Mattoo, Advocate vice Mr. Vishal Bharti, Dy. AG for R-2 Ms. Nisha Kangotra, Advocate vice Mr. Ravinder Gupta, AAG for R-3, R5 & R-7 Mrs. Monika Kohli, Sr. AAG for R-4 & R-5. CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 26.03.2025 01. The petitioners in the present writ petition seek a direction to respondent No. 5-Additional Deputy Commissioner, Collector Land Acquisition, Kishtwar to finalise and disburse the compensation due to them prior to the vacation of their houses. 02. The petitioners are permanent residents of a small village named Kandani, situated in District Kishtwar. The village is located at Drabshala area along with the River Chenab. A power project, namely the Ratle Hydroelectric Project, is being set up on the River Chenab at Village Drabshala in District Kishtwar. The said project is being implemented by the Ratle Hydroelectric Power Corporation Limited, a joint venture set up with NHPC Ltd. and the Jammu and Kashmir Power Development Corporation. The contract for construction of the project has been awarded to M/s Mega Engineering and Infrastructure Private Limited (MIEL). Page 2 of 3 03. The houses and structures of the petitioners have been affected due to the implementation of the Ratle Hydroelectric Power Project. The Executive Engineer, PWD (R&B), Kishtwar, accordingly evaluated the structures belonging to the petitioners and forwarded the same to the Superintendent Engineer, PWD (R&B) Circle, Doda. 04. The Superintendent Engineer, PWD (R&B) Circle, vide communication dated 04.01.2020, recommended the valuation of the structures coming under submergence at 690 W Ratle Hydroelectric Project, Drabshalla, subject to title verification. Subsequently, the Executive Engineer forwarded the report to the Additional Deputy Commissioner on 12.12.2022 for final valuation of structures falling under the submergence area of 690 W, Ratle HEP, Drabshalla, District Kishtwar, which was duly sanctioned by the Superintendent Engineer for necessary action as per rules. 05. The Collector, Land Acquisition/Additional Deputy Commissioner, Kishtwar, also wrote to the Tehsildar, Drabshalla on 31.12.2022, for assessment of the structures under submergence and for title verification. The said verification has since been carried out by the Tehsildar concerned. 06. The grievance of the petitioners is that the respondents are insisting upon them to vacate their houses on the ground that construction of the project has commenced. However, the compensation for their residential houses and structures, though evaluated and assessed, has not yet been paid to them. It is the case of the petitioners that once the valuation and title verification have been completed, the respondents cannot compel them to vacate their premises without payment of compensation. 07. Notice. Page 3 of 3 08. Mr. Vivek Mattoo, Advocate, appearing vice Mr. Vishal Bharti, learned Dy. AG, accepts notice on behalf of respondent No. 2 and Ms. Nisha Kangotra, Advocate, appearing vice Mr. Ravinder Gupta, learned AAG, accepts notice on behalf of respondent No. 3, 5 and 7, whereas, Mrs. Monika Kohli, learned Sr. AAG, accepts notice on behalf of respondents No. 4 and 5. 09. Learned counsel for the petitioners submits that the petitioners would be satisfied if appropriate directions are issued to respondent No. 5 to ensure that compensation is paid to the petitioners before they are asked to vacate their residential houses to which learned counsel appearing for the respondents have no objection. 10. Having regard to the contentions raised in the petition, and the fact that the evaluation of the structures of the petitioners and the title verification have already been completed, this writ petition is disposed of at this stage by directing the respondents to process and disburse the compensation due to the petitioners, in accordance with law, before calling upon them to vacate their houses. 11. Disposed of accordingly. (Sindhu Sharma) Judge Jammu: 26.03.2025 Michal Sharma/PS Michal Sharma I attest to the accuracy and authenticity of this document Jammu 15.04.2025 15:57