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2026 DAILYLAW 851 (JK)

ABDUL QAYOOM BHAT AND ORS v. UNION TERRITORY OF J AND K TH.COMMR/SECRETARY (P.D.D.) AND OTHERS

WP(C)/491/2026 · 2026-03-25

Moksha Khajuria Kazmi

body2026

Judgment text

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Serial No. 172 Supplementary List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 491/2026 Abdul Qayoom Bhat and Ors. ….. Appellant/petitioner(s) Through: - Mr. Mian Tufail, Advocate V/S UT of J&K and Ors. ….. Respondent(s) Through: - Mr. Hakim Aman Ali, Dy. AG vice Mr. Mohsin Qadri, Sr. AAG CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 25.03.2026 01. By this petition, petitioners are praying for restraining the respondents from erecting, shifting or installing any 132/133 KV Transmission Tower or High-Tension Transmission Line over their land measuring 05 Kanals bearing Khasra No. 679, Khata No. 48/55 situated at Shalteng Crossing, Srinagar, except in accordance with law and the due process of statutory provisions. 02. The petitioners are lawful and absolute owners in actual physical possession of land measuring 05 Kanals falling under Khasra No. 679, Khata No. 48/55 situated at Shalteng Crossing, Srinagar. The said property is situated at prime commercial location at Shalteng, crossing. The respondents are undertaking road widening and allied developmental activities in the area of Shalteng, as such, the respondents have proposed to shift, erect or install 132/133 KV Transmission Tower or High-Tension Transmission Line over the proprietary land of the petitioners. It is alleged that the field staff of the respondents 2 to 4, visited the site and unilaterally marked portions of Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document the petitioners’ land for installation of the Transmission Tower, however, the process has been initiated without any disclosure of sanctioned alignment plan and without affording any opportunity of being heard to the petitioners. 03. Learned counsel for the petitioners’ states that the petitioners herein would feel satisfied if the writ petition is disposed of with a direction to respondents to consider the representation filed by the petitioners on 27.02.2026 before the respondents within a reasonable period of time. On asking Mr. Hakim Aman Ali, learned Dy. AG, accepts notice vice Mr. Mohsin Qadri, learned Sr. AAG, on behalf respondents and submits that he is not averse to the proposition made by learned counsel for the petitioners. 04. In view of above, the instant writ petition is disposed of with a direction to respondents to consider the representation dated 27.02.2026 filed by the petitioners before them, within a period of two weeks from the date of passing of this order, strictly in accordance with law. Till the representation of the petitioners is considered and speaking order passed thereon, the respondents are directed not to interfere into the peaceful possession of the petitioners’ over the land in question, without adopting due process of law. 05. Disposed of along with connected CM(s). (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 25.03.2026 <Mohammad Yasin Dar= Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document