Dharmarth Trust vs State Of J&K And Others
2021 Latest Caselaw 393 j&K

                                                                    Sr. No. 201
               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
CJ Court

Case: OWP No. 723 of 2007


Dharmarth Trust                                     ...Petitioner(s)/Appellant(s)

                                  Through: Sh. R. S. Thakur, Sr. Advocate with
                                           Sh. Ashwani Thakur , Advocate.

                          v/s
State of J&K and others                                           .... Respondent(s)
                                  Through: Sh. S. S. Nanda, Sr. AAG.
                                           Sh. Ravinder Gupta, AAG.



       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE


                                       ORDER

1. We have heard learned counsel for the parties.

2. About 1 kanal and 15 marlas of land situated at Below Gumat Jammu,

which was known as Samadhy Rajgan, was taken over and utilized by the

respondents for the construction of the road. The petitioner preferred a writ

petition seeking alternative land in lieu of the said land. The writ petition was

allowed vide judgment and order dated 09.11.2000 with the direction to the

respondents to allot alternative land to the petitioner within a period of four

months from the date copy of this order is made available to the respondents.

3. The aforesaid judgment and order of the court is not being complied

with and, therefore, the petitioner has filed the present writ petition seeking

compliance of the same alleging that initiation of contempt would not have

served the purpose and that the petitioner has no other remedy.

4. The objections filed by respondent nos.2 and 4 indicate that they have

done nothing to ensure allotment of alternative land to the petitioner rather

either they are shifting the burden upon one authority to another or are coming

up with technical pleas that execution of the judgment of the High Court is

barred by time and the writ petition is not maintainable.

5. These technical pleas would not suffice purpose or defeat the cause of

justice. The judgment of the High Court has to be respected, more particularly,

when there is no dispute that the land has been utilized for the construction of

the road.

6. In view of the above, on the intervention of the Advocate General, we

allow him a week's time to seek instructions from the Principal Secretary to

Government, Revenue Department, Jammu or if necessary, Chief Secretary to

Government, Union Territory of Jammu and Kashmir, as to the time frame

within which the petitioner would be provided with an alternative land

pursuant to the judgment and order of this Court dated 09.11.2000 passed in

OWP No. 551/1996 , Dharmarth Trust versus State of J&K and others.

7. List on 7th April 2021.

                                   (SINDHU SHARMA)                  (PANKAJ MITHAL)
                                             JUDGE                    CHIEF JUSTICE
            Jammu
            26.03.2021
            Sunita




SUNITA KOUL
2021.03.26 16:39
I attest to the accuracy and
integrity of this document