1 S. No. 61 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.2648/2022 CM No.6673/2022 PRINCE AHMAD GANIE AND ANR. …Petitioner(s) Through: Mr. Lone Altaf, Advocate. Vs. GOVERNMENT OF J&K AND ORS. ...Respondent(s) Through: Mr. Jehangir Ahmad Dar, GA. CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 09.09.2025 (ORAL) 1. In the instant petition, petitioners herein claim that their proprietary land measuring 6 marlas covered under survey No. 1483 situated at Mouza, Chitteybanday, Bandipora, came to be taken over by the respondents from the father of the petitioners herein for construction of a water reservoir for public purposes, with an understanding that in lieu of the said land, one of his family members would be provided employment provided that no compensation is sought thereof. 2. It is being stated that the respondents, despite having taken over the land in question as also having constructed a reservoir thereof, did not offer any employment to any family member though only provided piecemeal thus, compelling the petitioners herein to approach this Court through the medium of instant petition, after the repeated requests made by the petitioners hereinbefore the respondents herein did not yield any results. 3. Reply to the petition has been filed by respondents wherein it is being admitted that 6 marlas of land was taken over for construction of a service reservoir from the land owner in lieu of the engagement of his son in the Department and that the case of the appointment of the son of the land owner was submitted to the higher authorities, however, same was returned back on the ground that the case does not fall under SRO 520 of 2017 dated 20.12.2017 as the land donor must have donated 01 kanal of land for seeking benefit under the said SRO. 2 Heard counsel for the parties and perused the record. 4. Perusal of the record bears testimony to the fact that the respondents utilized the land measuring 6 marlas belonging to the father of the petitioner for the construction of a service reservoir at Chittibandy Bandipora, with a promise of providing an employment to one of his family members and mutation also stands attested in favour of the Department in the revenue records in the year 2015, qua the said land yet the claim of the petitioners for offering the employment to a family member stands declined on the premise that under the provision of SRO 520, such employment cannot be provided unless the quantum of donated land is 01 Kanal. 5. 5. Having regard to the aforesaid position obtaining in the matter, the respondents thus, are legally bound to pay compensation for the land in question to the land owner. 6. Accordingly, the instant petition is taken up for final disposal with the consent of the appearing counsel for the parties, and while moulding the relief sought in the instant petition is disposed of, by issuance of writ of Mandamus and the respondents are commanded to undertake a land acquisition proceedings qua the land in question under the law applicable to the case in hand and grant compensation to the land owners thereof. The aforesaid exercise be undertaken within three months from the date a copy of this order is produced by the petitioners to the respondents. 7. Disposed of along with connected applications. (JAVED IQBAL WANI) JUDGE SRINAGAR 09.09.2025 Ishaq Whether the judgement is speaking ? Yes/No Whether approved for reporting ? Yes/No