S.No.20 Regular List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 609/2022 GHULAM MOHAMMAD MIR …Petitioner(s)/Appellant(s) Through: Mr. M. Ashraf Wani, Advocate Vs. GOVERNMENT OF J AND K AND ORS. ...Respondent(s) Through: Mr. Furqan Yaquib Sofi, GA CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 04-02-2025 1. Right to property at one point of time in the then State of Jammu and Kashmir was a fundamental right under Article 19 of the Constitution of India but with the loosing of status of State and becoming a Union Territory, the said fundamental right has now transformed into a constitutional right under article 300-A of the Constitution of India. The pulse of the said constitutional right is that no citizen can be deprived of his/her property without adopting due course of law. 2. In the present case, the respondents are on the same page in admitting that 1.8 kanal land of the petitioner in Survey no. 74 in estate Magam has come to be used for the purpose of construction of a Playing Field in Magam by purported reference to a notification No. DCB/LAC/93-101 dated 18-04-2022 without even undertaking an exercise for assessment and payment of compensation to the petitioner as warranted under Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The respondents are and were always under a constitutional obligation to undertake the requisite exercise for the purpose of compensating the petitioner with an adequate compensation envisaged under said Act and, accordingly, this Court disposes of this writ petition by directing the respondents to undertake the said exercise within a period of three months from the date of passing of this order, failing which, the consequences of compounding of the compensation amount shall be at the risk of pay and pocket of the respondents presently serving at the positions as Deputy Commissioner, Budgam, Tehsildar, Magam, District Sports Officer, Youth Services and Sports, Budgam and Secretary Sports Council, J & K. 3. Writ petition disposed of. (RAHUL BHARTI) JUDGE SRINAGAR: 04-02-2025 Mubashir