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2025 DAILYLAW 3130 (JK)

CHAMEL SINGH AND OTHERS v. UNION OF INDIA TH SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI AND OTHERS

WP(C)/1067/2025 · 2025-09-17

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No.1067/2025 Chamel Singh & Ors. …..Applicant(s)/Petitioner(s) Through: Mr. Mohinder Kumar, Advocate Vs Union of India & Ors. .….Respondent(s) Through: Ms. Chetna Manhas, Advocate vice Ms. Monika Kohli, Sr. AAG Mr. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, GA Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (17.09.2025) 1. Heard and considered. 2. The petitioners have sought a direction upon the respondents to pay rental compensation to them in respect of land measuring 117 kanals 5 marlas falling under khasra No.1169, 1168, 1170, 1182, 11967, 1199 & 1200 situated at village Gandharwan, Tehsil Akhnoor, with a further direction to prepare cost assessment report for final payment of compensation to the landowners, which is stated to be pending before the Deputy Commissioner, Jammu. 3. Respondents No.1, 2 & 6, in their reply to the writ petition have submitted that the land acquisition proceedings Serial No. 25 2 WP(C) No.1067/2025 have been undertaken under the J&K RAIP Act, 1968 (hereinafter referred to as “Act of 1968”) and the land has been vested in the Central Government after issuance of Form “J”. It has been further submitted that land measuring 2442 kanal 9 marlas situated at village Gandherwan was requisitioned for defence purposes and indent to initiate acquisition proceedings under the Act of 1968 was placed upon Deputy Commissioner, Jammu, vide communication dated 08.02.1980. 4. It has been submitted that after the issuance of Form “I” vide notification dated 06.01.2018, the land stands notified by J&K Govt. for acquisition under the Act of 1968 vide Form “J”, issued in terms of notification dated 25.10.2019. It has further been submitted that the payment of rentals stands released to the petitioner through Deputy Commissioner, Jammu. 5. It has also been submitted that the revised rates of rental compensation w.e.f. 16.02.2018 to 13.10.2019 i.e. upto the date of issue of From “J”, will be released after Government sanction from the Ministry of Defence relating to revised rent, is obtained. 6. From the pleadings of the parties, it is clear that Form “J” has already been issued in respect of land in question on 25.10.2019. Therefore, the acquisition proceedings in respect of land in question have already been set into motion. The only thing to be done is to take this process 3 WP(C) No.1067/2025 to its logical conclusion so that the compensation amount is paid to the petitioner/landowner expeditiously. In view of the fact that the controversy in this case has narrowed down solely to the issue of the completion of acquisition proceedings and the payment of enhanced rental compensation up to the date of issuance of From “A”, the writ petition can be disposed of at this stage by extending the following directions:- (i) The respondents shall pay the enhanced rental compensation to the petitioners up to the date of issuance of Form, “J” that is 25.10.2019. (ii) The respondents shall take the acquisition proceedings to its logical conclusion and release the land compensation in favour of the petitioners in accordance with law. (iii) The entire exercise shall be completed by the respondents most expeditiously preferably within a period of six months from today. 7. The writ petition stands disposed of. (SANJAY DHAR) JUDGE JAMMU 17.09.2025 Sneha