MUSHTAQ AHMAD BHAT v. UNION TERRITORY OF J AND K AND OTHERS (HOUSING AND URBAN DEVELOPMENT)
WP(C)/588/2026 · 2026-03-31
Mohd Yousuf Wani
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 360 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 360 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 100 Supp. Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 588/2026 CM(1503/2026) MUSHTAQ AHMAD BHAT …Petitioner(s)/Appellant(s).
Through: Mr. Owais Shafi, Advocate Vs.
UT OF JK & ORS ...Respondent(s). Through:
CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER 31.03.2026
1. Heard the learned counsel for the petitioner in respect of the matter. 2. The case of the petitioner in nutshell is that during the execution of the construction work concerning the Sluice Chamber and Dewatering Pump House, at Gang Bough, Srinagar, several residential structures, inclusive of his residential house, suffered substantial and serious damage. That the aforesaid project was undertaken by the respondents under the Centrally Sponsored Scheme “AMRUT” (Atal Mission for Rejuvenation and Urban Transformation) and was executed by the respondents and their agencies. That the damage caused to his structure was a direct consequence of the aforesaid constructional activity carried out by the respondents. That upon inspection and assessment of the affected structures, the respondents duly acknowledged the damage and assured the affected house owners, including him, that compensation would be disbursed in accordance with the assessment. That, however, despite the lapse of considerable time since the year 2020, he was constrained to run from pillar to post, making repeated representations before the respondent authorities, but the legitimate compensation amount has not been paid to him. That the Commissioner, Srinagar Municipal Corporation, vide his communication bearing No. SMC/FA-PS/2025/876-879 dated 16.01.2025 made to the
Commissioner/Secretary to Government, Housing & Urban Development Department, J&K, has already made a request for early release of funds amounting to Rs. 25,19,691/- (Rupees Twenty-Five Lakhs Nineteen Thousand Six Hundred and Ninety-One only), so as to facilitate the disbursement of the due compensation amounts in favour of the private house owners, including him. That despite all efforts being taken on his part and the aforesaid communication made by the Commissioner, SMC, Srinagar, the due compensation amount has not been paid to him. 3. Perused the memo of the petition and the copies of the documents enclosed with it by way of its annexures, especially the communication bearing No. SMC/FA-PS/2025/876-879 dated 16.01.2025 made by the respondent No. 3 to the respondent No. 1, as also the communication bearing No. SE/DB/8293-94 dated 27.07.2021 issued by the Superintending Engineer PWD (R&B) Circle, Budgam, to respondent No. 4. 4. In the facts and circumstances of the case, this Court is of the opinion that the matter can be disposed of even at this threshold stage by passing of appropriate directions, the action under which is otherwise needed to be taken by the respondents out of their official obligations. 5.
Accordingly, the instant petition is disposed of at this threshold stage with the direction to the respondents to immediately make payment of the compensation amount, as assessed under law, to the petitioner on account of damage of his residential house, and submit a status report to the Registry of this Court within a period of eight weeks. 6. Disposed of. (MOHD YOUSUF WANI)
JUDGE SRINAGAR 31.03.2026 ARIF