Jammu & Kashmir High Court
Shankar Dass & Ors vs State Of J&K & Ors on 16 May, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 05
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No. 460/2019
CM No. 2287/2019[1/2019]
CM No. 7051/2022
Shankar Dass & Ors.
.....Appellant(s)/Petitioner(s)
Through: Mr. Ashwani Thakur, Advocate
Vs
State of J&K & Ors.
..... Respondent(s)
Through: Mr. S.S. Nanda, Sr. AAG
Ms. Nazia Fazal, Assisting Counsel
vice Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(16.05.2025)
01. It is forthcoming from the tone and tenor of the writ petition
as well as the reply thereto that the land acquisition
exercise meant for the purpose of construction of new Bus
Stand and its approach road at village Kundrorian, tehsil
Katra and district Reasi, which was supposed to be
undertaken way back in the year 2009 has got struck in
legal and procedural wrangles.
02. This fact is confirmed from the annexure 'V'-page 36 which
is a judgment dated 30.12.2017 passed in a bunch of writ
petitions with lead case OWP No. 797/2012 connected
with OWP No. 589/2017, OWP No. 678/2012 and OWP
No. 1351/2012.
03. In addition to the writ petitions above referred, there are
others writ petitions OWP No. 1239/2010, OWP No.
1323/2010, OWP No. 1344/2010, OWP No. 1367/2010
and OWP No. 176/2010 which came to be filed at first
instance.
04. Learned counsel for the petitioners submits that the land
acquisition exercise has not so far seen closure in the form
of final land acquisition award.
05. This writ petition which bears date of institution on
19.03.2019 came to be replied by respondent No. 4-Sub-
Divisional Magistrate, Collector Land Acquisition, Katra,
when reply dated 28.07.2022 from his end came to be filed
supported by an affidavit wherein it is nowhere mentioned
as to what is the final status and fate of the land
acquisition exercise.
06. It seems that the land acquisition exercise is suffering the
fate of an abandoned child at the hands of the respondents
and this is evident from the fact that out of four
respondents only the respondent No. 4 i.e. Collector Land
Acquisition Reasi/Sub-Divisional Magistrate, Reasi has
come forward with the reply to the writ petition leaving
Commissioner/Secretary, Revenue Department,
Government of J&K; Commissioner/Secretary, Housing and
Urban Development Department, Government of J&K and
the Katra Development Authority, least interested in the
pendency of the litigation as if the High Court of J&K and
Ladakh has to do batting for them.
07. Therefore, taking a serious concern of this attitude of the
respondents No. 1 to 3, this court is constrained to direct
the personal appearance of the Chief Executive Officer-
Katra Development Authority; the Collector Land
Acquisition/Sub-Divisional Magistrate, Reasi and the
Commissioner /Secretary, Housing and Urban
Development Department, Govt. of J&K, on the next date of
hearing.
08. In addition, Tehsildar Katra along with Patwari Katra to
come up with revenue record of village Kundrorian, tehsil
Katra and district Reasi, relatable to the intended
acquisition land.
09. List on 07.07.2025.
10. A copy of this order be given to Mr. S.S. Nanda, learned
Senior AAG and Mrs. Monika Kohli, learned Senior AAG
through Registrar Judicial, Jammu for the sake of notice
and compliance at the end of their respective respondents
being represented by them.
(RAHUL BHARTI)
JUDGE
JAMMU
16.05.2025
SUNIL
