HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3310/2019 Ram Lal …..Appellant(s)/Petitioner(s) Through: Mr. Sanjeev Padha, Adv. Mr. Rajesh Chargotra, Adv. vs State of J&K and others .…. Respondent(s) Through: Mr. Ravinder Gupta, AAG Ms. Monika Kohli, Sr. AAG SDM Akhnoor is present in person Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 07.02.2025 Oral: 1. With the consent of learned counsel for both the sides, the instant writ petition is taken up for final disposal. 2. The instant writ petition has been filed by the petitioner for directing the respondents not to construct the road over the land owned and possessed by the petitioner comprising survey No. 224 measuring 12 kanals 12 marlas situated at Gouha Brahmana, Tehsil Akhnoor, Jammu without adopting due procedure of law. An alternative prayer has also been made by the petitioner for issuance of direction to the respondents to acquire the above mentioned land owned and possessed by the petitioner and pay compensation thereof. 3. The respondents have filed the response stating therein that the road in question was constructed by way of laying River Bed Materials(RBM) in the years 2012-13 whereas the present petition has been filed after six years therefore, the petition deserves to be dismissed. 4. It is also stated that the road was constructed pursuant to the public demand and the land used for the construction of the road was never 149 2 WP(C) No. 3310/2019 encroached but was constructed as per the public demand and with the consent of the villagers. 5. Vide order dated 20.04.2024, the Sub Divisional Magistrate, Aknoor was directed to submit detailed report as to whether the road has been constructed on the land owned and possessed by the petitioner measuring 12 kanals 12 marlas comprising khasra No. 224 situated at Village Gouha Brahmana, Tehsil Akhnoor, Jammu and accordingly, SDM Mukhtir Ahmed, who is present in person, has submitted the status report. A perusal of the status report reveals that on spot verification, it was found that the road has been constructed on the land comprising khasra No. 224 and the total land of the petitioner consumed by the respondents for constructing road is 19 marlas only. 6. In view of the above, the present petition is disposed of by directing the respondent Nos. 1 and 2 to initiate the process for acquisition of the land of the petitioner measuring 19 marlas comprising khasra No. 224 situated at Village Gouha Brahmana, Tehsil Akhnoor and pay the compensation in accordance with the prevalent law. The respondents shall comply with this order and shall complete the exercise within a period of three months from today. 7. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 07.02.2025 Rakesh Rakesh Kumar 2025.02.10 13:34 I attest to the accuracy and integrity of this document