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2025 DAILYLAW 3121 (JK)

CHAND MOHD AND OTHERS v. U T OF J AND K TH COMMISSIONER SECRETARY PW R AND B DEPTT AND OTHERS

WP(C)/1012/2024 · 2025-03-05

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1012/2024 CM No. 2542/2024 Chand Mohd and ors. …..Appellant(s)/Petitioner(s) Through: Mr. Arshad Majid Malik, Advocate vs UT of J&K and ors. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG Mr. Ravinder Gupta, AAG Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 05.03.2025 1. Prayer made in the present petition is for directing the respondents to follow the law while acquiring the land of the petitioners measuring 12 Kanal 6 Marlas comprising Survey No. 83 min situated at Village Leeran Tehsil Darhal District Rajouri for the purpose of raising construction of the road. 2. Respondent No. 2 only has filed the response, stating therein that the land measuring 12 Kanal 6 Marlas comprising Survey No. 83 min as claimed by the petitioners is recorded in the name of the petitioners along with other co-sharers and the land is Shamlat land. It is further stated that the road under construction has been sanctioned under NABARD and till date, no indent for acquisition proceedings for the land coming under the alignment of said road has been received from the executing agency. Serial No. 14 2 WP(C) No. 1012/2024 3. In view of categoric stand of respondent No. 2 that process of acquisition of the land has not been initiated till date as no indent has been received from the indenting department, the present petition is disposed of by directing the respondents that in the event they require the land of the petitioners for the purpose of constructing the road, the same shall be acquired in accordance with law and due compensation be paid to the petitioners. 4. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 05.03.2025 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2025.03.05 15:15 I attest to the accuracy and integrity of this document