Jammu & Kashmir High Court
Sheikh Reyaz Hamid & Ors vs Ut Of J&K & Ors on 29 October, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 13
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 590/2023
Sheikh Reyaz Hamid & Ors.
.....Petitioners
Through: Mr. R. K. S. Thakur, Advocate.
Vs
UT of J&K & Ors.
.....Respondents
Through: Ms. Nazia Fazal, Assisting Counsel vice
Mrs. Monika Kohli, Sr. AAG for R-1, 2 & 4.
Ms. Pariksha Parmar, Advocate vice
Mr. Sunny Mahajan, Advocate for R-3.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(29.10.2025)
01. A land acquisition exercise came to be undertaken in
village Devgole tehsil Banihal district Ramban for the purposes of
National Highway-AI passing through said village Devgole.
02. In the month of June 2008, a notification under section 4
of the J&K Land Acquisition Act, Svt., 1990 (in short, "Act of
1990") was put into effect for the intended purpose of acquisition of
49.17 kanals of land in village Devgole.
03. The exercise resulted in passing of a final award on
05.11.2016 under the Act of 1990 which came to be questioned by
the aggrieved land owners in a writ petition-OWP No. 1634/2016,
resulting in quashment of the entire land acquisition exercise
including the award by virtue of a judgment dated 23.12.2021 by
the Hon'ble Division Bench with a consequent direction either to
restore the possession of the land to the land owners or, in the
event, to resort to fresh acquisition by assessment of compensation
under the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013.
04. Pursuant to the Hon'ble Division Bench judgment dated
23.12.2021, a compliance came to be carried into effect resulting in
passing of an order dated 15.10.2022 by the competent authority of
land acquisition i.e., Deputy Commissioner, Ramban, whereby rate
of Rs. 20,16,360/- per kanal for irrigated type of land and Rs.
17,45,280/- per kanal for un-irrigated type of land came to be
determined.
05. While said writ petition-OWP No. 1634/2016 was
pending adjudication, a simultaneous development came to take
effect when, acting upon the indent of National Highway Authority of
India, PIU Srinagar, a notification under section 4 of the Act of 1990
for intended acquisition of 4 kanals of additional land in village
Devgole tehsil Banihal district Ramban for the same very purpose of
widening of National Highway-AI came to be resorted to resulting in
passing of a final land acquisition award No. 873/ACQ/NHAI dated
24.03.2018, thereby proposing compensation of Rs. 75,00,000/- for
4 kanals area of land along with solatium @15% aggregating to Rs.
86,25,000/-.
06. Mr. R. K. S Thakur, learned counsel for the petitioners,
submits that for the same very acquisition purpose with respect to
the land situated in the same very village, with indenting
department and land acquisition authority being the same, the end
outcome cannot be different in the present case vis-à-vis the case
covered under writ petition-OWP No. 1634/2016.
07. The final award dated 24.03.2018 is being assailed on
multiple grounds, including procedural lapses on the part of the
Additional Deputy Commissioner (Collector Land Acquisition),
Ramban.
08. Before this Court proceeds further to give a final rest to
this writ petition, it is deemed appropriate to call upon Mr. R. K. S.
Thakur, learned counsel for the petitioners to verify the fact as to
how much was the total compensation paid to the petitioners of writ
petition-OWP No. 1634/2016.
09. In the meantime, Collector Land Acquisition, Additional
Deputy Commissioner, Ramban is directed to make available the
original file of land acquisition process relatable to passing of land
acquisition award No. 873/ACQ/NHAI dated 24.03.2018. Failure to
do the needful at the end of the Additional Deputy Commissioner
(Collector Land Acquisition), Ramban would result in direction for
his/her personal appearance in the matter.
10. List in continuation on 26.11.2025 with liberty to make
mention.
11. A copy of this order be provided to Ms. Nazia Fazal,
learned Assisting Counsel to Mrs. Monika Kohli, learned Sr. AAG for
notice and compliance at the end of the Additional Deputy
Commissioner (Collector Land Acquisition), Ramban.
(RAHUL BHARTI)
JUDGE
JAMMU
29.10.2025
Bunty
