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High Court of Jammu and Kashmir · body

2026 DAILYLAW 151 (JK)

MOHD AKRAM AND OTHERS v. UT OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPARTMENT, JAMMU AND OTHERS

WP(C)/355/2026 · 2026-02-17

Ma Chowdhary

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 355/2026 CM No. 825/2026 1. Mohd. Akram S/O Lt Mohd. Hussain. 2. Puran Chand S/O Late Shib Ram 3. Soba Ram S/O Late Bellu Ram 4. Alif Din S/O Late Atta Mohd. 5. Mubashar Hussain S/O Lt Mohd Hussain 6. Noor Jahan W/O Late Mohd. Hussain 7. Paro Devi W/O Late Gulab Singh All residents of village Mahore, Tehsil Mahore, District Reasi …..Appellant(s)/Petitioner(s) Through: Mr. O.P Thakur, Sr. Advocate with Mr. O.S Bandral, Advocate vs 1. Union Territory of J&K through Commissioner-Cum-Secretary, Revenue Department, Civil Sectt. Jammu. 2. Financial Commissioner (Revenue) Jammu 3. Divisional Commissioner, Jammu 4. District Collector (Deputy Commissioner) Reasi 5. Collector Land Acquisition (SDM) Mahore 6. Commissioner-Cum-Secretary, Public Works (R&B) Department Civil Sectt. Jammu 7. Chief Engineer, Public Works (R&B) Department Jammu 8. Executive Engineer, Public Works (R&B) Department Special Sub Division Mahore. .…. Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (17.02.2026) 1. The petitioners claiming that their proprietary land measuring measuring 36 kanals 16 marlas comprising of Khasra No. 776/133 (28 kanals 13 marlas) and Khasra No. 1094/625 (08 kanals 03 marlas) on being identified for the construction of Bus Stand at Mahore and link road and the land measuring Serial No. 112 2 WP(C) No. 355/2026 21 kanals 1 marla comprising of khasra No. 175 (01 kanal 02 marlas), khasra No. 177 (14 marlas), khasra No. 165 (16 marlas), khasra No. 806/164 (05 kanals 13 marlas), 690/133 (02 kanals 16 marlas), khasra No. 768/133 (02 kanals 16 marlas), khasra No. 773/133 (05 kanals 11 marlas) and khasra No. 1148/786/133 (01 kanal 13 marlas) has been taken over and is under the process of being used for construction, however, neither the petitioners, as land owners have been paid any compensation, nor acquisition proceedings have been conducted by the Collectorate. 2. Learned senior counsel appearing for the petitioners submits that the Executive Engineer, PWD, (R&B) Special Sub Division, Mahore on 14.11.2015, had placed an indent for acquisition of the land along with revenue papers to the local Collectorate and also submitted a revised indent on 10.08.2018, however, despite authentication of revenue papers by the indenting department, the acquisition proceedings have not been conducted by the Collectorate and the Collectorate has been asking for a revised indent on the plea that a new legislation with regard to acquisition of the land has come into force with reorganization of the State of J&K. 3. Be that as it may, it is an admitted case as is borne out from the record on the file that the petitioners’ land is under the process of being used divesting them of their possession in the year, 2017, without proper acquisition and payment of compensation. Learned senior counsel for the petitioners submits that the petitioners shall be satisfied in case the petition is dispoed of at this stage, with a direction to the respondents to conduct acquisition proceedings in accordance with the new applicable law on land acquisition. 4. Heard. 3 WP(C) No. 355/2026 5. Issue notice. Notice waived by Ms. Nazia Fazal, Advocate Assisting Counsel appearing vice Mrs. Monika Kohli, learned Sr. AAG, who stated that the respondents shall not be averse to the plea raised by the petitioners in their petition and also to the submission of learned senior counsel for the petitioners for disposal of this case at this stage for consideration of the matter by the respondents. 6. In view of the submissions made by learned senior counsel for the petitioners and no objections raised by the respondents, the petition is disposed of with a direction to the respondent Nos. 6 to 8 to place the revised indent as required by the Collectorate, (SDM) Mahore vide his No. CLA/SDM/M/2022-23/38-41 dated 28.05.2022 and respondent No. 5- Collector, is also directed to proceed further in the matter expeditiously on receipt of revised indent, in accordance with the provisions of the law, within the timeline provided therein, having regard to the fact that the petitioners have been deprived of the compensation of their proprietary land for the last more than 08 years. 7. Disposed of. (M A CHOWDHARY) JUDGE Jammu 17.02.2026 Tarun/PS Tarun Kumar Gupta 2026.02.17 23:32 I attest to the accuracy and integrity of this document