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2025 DAILYLAW 4526 (JK)

NAGAR CHAND THROUGH HIS SON MANMOHAN LAL v. UT OF J AND K THROUGH COMMISSIONER SECRETARY TO GOVT PWD DEPTT AND OTHERS

WP(C)/2439/2023 · 2025-03-12

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No. 2439/2023 Nagar Chand …..Appellant(s)/Petitioner(s) Through: None Vs UT of J&K and ors. .…. Respondent(s) Through: Mr. Ravinder Gupta, AAG Mrs. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER (12.03.2025) 01. Matter is taken out of turn at the request of learned counsel for the respondents. 02. Learned counsel for both the respondents submit that the instant petition has been rendered infructuous in the light of the fact that the amount to the tune of Rs. 392400/-, Rs. 392400/- and Rs. 65400/- vide different Treasury Vouchers/Payment Orders dated 28.03.2023, has already been paid to the petitioner. Copies of the vouchers have been furnished to this Court and the same are placed on record. Thus, from the record, it is apparently clear that the requisite amount has already been paid to the petitioner, therefore, no fruitful purpose would be served by keeping this petition alive as the grievance of the petitioner stands redressed. Learned counsel for respondent Nos. 1 & 3 have also taken a specific stand in the objections which is as follows:- “Additionally it is respectfully submitted that no other beneficiary has raised any objection for the construction of the said Road/project having alignment of Road passing through within their respective Khasra No./Land/structures because the project for the construction of the aforementioned road would benefit of the Road for the General Public of Tehsil Dachhan and Marwah comprising of about more than 45000 population who are still suffering badly during the present era in the absence of basic Road Facility. S. No. 17 HIGH COURT OF JAMMU & KASHMIR AND LADAKH 2 WP(C) No. 2439/2023 Whereas, collector Land Acquisition Marwah/SDM has awarded under Section 23 of the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 for construction of Ikhala Block Boundary to Lopara PMGSY Road village Loharna Tehsil Dachhan District Kishtwar as such amount of Rs. 850200/- was paid to the petitioner. The work is still held up at the petitioner as erected fenced wire along the width of road and contractor has demanded charges for haltage of machinery at site and construction of further 10 km of road and 45 M span bridge is stagnant as only access to the road of more than 100 m stretch is blocked by the petitioner on the pretext of compensation which stands delivered as on date…”, 03. Thus, in the light of the stand taken by the respondents, the writ petition is disposed of as the grievance of the petitioner stands redressed. 04. Interim direction, if any, shall stand vacated. (WASIM SADIQ NARGAL) JUDGE JAMMU 12.03.2025 Tarun/PS Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No