HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No. 327/2026 Rajesh Singh ..... Petitioner(s)/Appellant(s) Through :- Mr. Arjun Singh, Advocate vice Mr. Ashok Sharma, Advocate Vs Union of India and Ors. .....Respondent(s) Through :- Mr. Vishal Sharma, DSGI for R- 4 & 5 Mrs. Monika Kohli, Sr. AAG for R- 2, 3 & 7 Mr. Sunny Mahajan, Advocate for R-1 & 6 CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 16.02.2026 1. Through the medium of the instant petition, the petitioner has challenged the award dated 28.01.2022 passed by respondent No. 2 to the extent of land measuring 5 Marlas falling under khasra No. 243, situated at Jallo Chak, Tehsil Bahu, District Jammu. 2. The ground urged by the petitioner is that the land in question was under the occupation of military and the same has been acquired by the respondent- National Highway Authority for the purpose of construction of Katra-Amritsar expressway. It has been submitted that due to delay on part of the military authorities in issuing NOC, the amount assessed by the Collector has not been released in favour of the petitioner, as a result of which, the petitioner is being denied the compensation. 3. It has been further submitted that the award was passed about four years back and since then the rate of the land at the relevant location has escalated, Sr. No. 131 2 WP(Crl) No. 327/2026 and at this stage even if the military authorities issue NOC, the petitioner would be getting the compensation that has been assessed at the rates prevalent in the year 2022. On this ground, quashment of the award has been sought. 4. Section 3G (5) of the National Highways Act provides legal remedy to a land loser in a case, where the amount determined by competent authority is not acceptable to him. As per this provision, the compensation can be determined by the Arbitrator to be appointed by the Central Government. 5. In view of the alternative remedy available to the petitioner under Section 3G (5), it would not be appropriate for this Court to entertain the present writ petition. It shall be open to the petitioner to seek appointment of the Arbitrator for determination of the compensation, in case he is not satisfied with the amount of compensation assessed vide award dated 28.01.2022. 6. It has been next contended that military authorities are not issuing the NOC in respect of the acquired land, as a result of which, even the amount assessed in terms of the award is not being released in favour of the petitioner. 7. In the above context, a direction can be issued to respondent No. 5 to expedite the issuance of NOC in accordance with rules and a further direction can be issued to respondent No. 2 (the competent authority) to release the compensation assessed in favour of the petitioner in accordance with rules without prejudice to his rights and contentions. 8. Accordingly, the writ petition is disposed of with a direction to the Military Authorities to consider grant of NOC in favour of the petitioner in accordance with the rules within a period of one month from the date of this order, upon receipt of NOC, the Collector shall release the amount assessed in 3 WP(Crl) No. 327/2026 favour of the petitioner within one month, which shall be without prejudice to the rights and contentions of the petitioner, who shall be at liberty to avail appropriate remedy, if he feels dissatisfied with the quantum of compensation assessed by the Collector. (SANJAY DHAR) JUDGE JAMMU 16.02.2026 Mihul