PARVAIZ KHAN AND ANOTHER v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS
WP(C)/2434/2025 · 2025-09-03
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4618 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 4618 (JK) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 2434/2025 CM No. 5622/2025
Parvaiz Khan and anr. …..Appellants
Through: Mr. K.M Bhatti, Advocate
Vs
UT of J&K and ors.
.…. Respondents
Through: Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG
CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER 03.09.2025
1. The petitioners, through the medium of present petition have challenged notification No. coll/Def/2019-20/772-76 dated 30.09.2019 issued under Section 4 (1) of the J&K Land Acquisition Act whereby the respondents have expressed their intention to acquire the land including the land measuring 04 marlas and 03 marlas comprised in khasra Nos. 588 min and 588 of village Buffliaz Tehsil Surankote District Poonch belonging to the petitioner.
2.
Learned counsel for the petitioners has submitted that the impugned notification has been issued under J&K Land Acquisition Act on a date when the said Act had already been repealed by virtue of J&K Reorganization Act, 2019.
3. I am afraid the contention of learned counsel for the petitioners in this regard is misconceived because the J&K Land Acquisition Act was repealed by virtue of J&K Reorganization Act, Sr. No. 141
2 WP (C) No. 2434/2025
2019 which came into effect on 31.10.2019, whereas, the impugned notification has been issued on 30.09.2019 which is prior to the repeal of J&K Land Acquisition Act. However, one thing is clear that the respondents cannot utilize the land of the petitioners without concluding the acquisition process and without paying compensation to them.
4. Accordingly, the writ petition is disposed of with a direction to the respondents not to utilize the land/shop(s) belonging to the petitioners without concluding the acquisition process and paying compensation to them in accordance with law.
5.
Disposed of.
(SANJAY DHAR) JUDGE JAMMU
03.09.2025
Tarun/PS
Mahavir Singh 2025.09.09 15:52 I attest to the accuracy and integrity of this document