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Jammu & Kashmir High Court
Talat Kouser & Ors vs Ut Of J&K & Ors on 5 January, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 224/2021
Talat Kouser & Ors.
.....Petitioner(s)
Through: Mr. P. N. Raina, Sr. Advocate with
Mr. J. A. Hamal, Advocate.
Vs
UT of J&K & Ors.
.....Respondent(s)
Through: Mr. Ravinder Gupta, AAG for R-1 & 4.
Mr. Sandeep Gupta, CGSC for R-3.
Mrs. Monika Kohli, Sr. AAG for R-2.
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
JUDGMENT
1. The institution of this writ petition came to take place on
09.02.2021 whereby four petitioners all being sons of late Sh. Ghulam
Rasool Hamal came forward seeking writ of mandamus to the following
effect:
"Mandamus commanding respondents to pay an
amount of Rs. 8,97,000/- alongwith interest in terms of
section 35 of the State Land Acquisition Act, to the
petitioners, which they have been found entitled to in
final award dated 08.09.2014 passed by respondent 02
for acquisition of their land measuring 01 kanal and 04
marlas in Khasra No. 5339/5332/4214, for widening of
National Highway from Hasti (Bazdar Basti) to Malipeth,
Village Kishtwar, Tehsil & District Kishtwar and which
they have not been paid till date."
2. The cause of action for the petitioners to come forward with the
present writ petition is relatable to land acquisition award No.
ACR/LA/2014/539-44 dated 08.09.2014 passed by the Collector
Land Acquisition, (Assistant Commissioner Revenue), Kishtwar in
terms whereof 127.17 ½ kanals of land came to be acquired for
widening of the National Highway from Hasti (Bazdar Basti) to
Malipeth, village Kishtwar, tehsil & district Kishtwar.
3. Acquired land of 127.17½ kanals was spread in different khasra
numbers of village Kishtwar. The total compensation assessed and
payable for 127.17 kanals of acquired land came to be
Rs. 9,78,05,039/-.
4. Insofar as the acquisition of land relatable to khasra Nos.
5339/5332/4214 is concerned, the said khasra numbers find
mentioned at serial Nos. 6, 7, 8, 9, 10, 26, 27, 28, 29, 30, 31, 32, 33,
34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 & 47.
5. Reckoning themselves entitled to earn the compensation for their
1.4 kanal of land in acquisition by reference to khasra Nos.
5339/5332/4214 min, the petitioners had made a written application
to the Collector Land Acquisition, (Assistant Commissioner, Revenue),
Kishtwar stating therein that they are the successors-in-interest of
Ghulam Rasool Hamal and by that status they have inherited the
estate of the deceased Ghulam Rasool Hamal including their respective
shares in Shamlet Deh land comprised in khasra Nos.
5339/5332/4214 duly attested vide mutation of inheritance upon
which basis the compensation of Rs. 8,97,000/- as assessed is due for
payment in their favour.
6. The aforesaid application filed by the petitioners was referred by
the Collector Land Acquisition, (Assistant Commissioner Revenue),
Kishtwar for detailed report from the Tehsildar concerned in terms of a
communication No. ACR/PS/2019/11228-29 dated 22.10.2019.
Furthermore, the Collector Land Acquisition, (Assistant Commissioner
Revenue), Kishtwar in his communication No. ACR/LA.2019/24-25
dated .../11/2019 addressed to the Officer Commanding, GREF-
Shalimar, Kishtwar called upon the Indenting Department to deposit
an amount of Rs. 8,97,000/- payable in favour of the petitioners for
their 1.4 kanal of land coming in acquisition.
7. It seems that the Collector Land Acquisition, (Assistant
Commissioner Revenue), Kishtwar was rendered handicap in making
the payment of assessed compensation amount to the claimants/land
owners on account of the fact that the Indenting Department of the
Officer Commanding 118 RCC-GREF-Shalimar, Kishtwar had not
made the deposit of the total compensation amount of Rs.
9,78,05,039/- as only Rs. 4,09,28,892/- had been advanced to the
Collector Land Acquisition, (Assistant Commissioner, Revenue),
Kishtwar whereas balance amount of Rs. 5,68,76,147/- was yet to be
advanced to the Collector Land Acquisition, (Assistant Commissioner
Revenue), Kishtwar for enabling him to make onward disbursement to
the waiting claimants which includes the petitioners as well.
8. From the end of the Officer Commanding, 118 Road Constr Coy
(GREF), communication No. 256/LA/BK/209/E2 dated 10.01.2020
came to be addressed to the Collector Land Acquisition, (Assistant
Commissioner Revenue), Kishtwar stating therein that the payment of
balance compensation amount of Rs. 5,68,76,147/- is now to be
done by the Border Road Organization (BRO) and other agencies which
had taken over the project.
9. The Collector Land Acquisition, (Assistant Commissioner
Revenue), Kishtwar kept on pressing the Officer Commanding, 118
RCC-GREF, Shalimar-Kishtwar with payment of balance compensation
amount of Rs. 5,68,76,147/- as is born out from the communication
No. ACR/LA/2020-21/724-25 dated 21.07.2020.
10. Finding themselves caught between no man's land in matter of
getting the release of the compensation amount due in their favour,
the petitioners came forward with the institution of the present writ
petition.
11. During the pendency of the writ petition, the petitioner No. 1,
namely, Irshad Ahmed Hamal breath his last on 01.05.2021 resulting
in bringing on record his legal representatives who now are
representing the petitioner No. 1 led by his widow-Smt. Talat Kouser.
12. From the end of the respondent No. 1-Commissioner/Secretary
to Government PW(R&B) Department, reply/objections came to be filed
on 24.03.2021 through Mr. Ravinder Gupta, learned AAG.
13. On behalf of the respondent No. 4-Executive Engineer, PW (R&B),
Department, Kishwtar, reply came to be filed on 23.03.2021 again
through Mr. Ravinder Gupta, learned AAG.
14. On behalf of respondent No. 2-Collector Land Acquisition
(Assistant Commissioner, Revenue) Kishtwar, reply came to be filed on
15.04.2021 through Mr. S.S. Nanda, learned Sr. AAG.
15. On behalf of respondent No. 3-Officer Commanding, 118 Road
Constr Coy (GREF) Shalimar, Kishtwar, reply came to be filed on
23.03.2021 through Mr. Sandeep Gupta, learned CGSC.
16. In terms of an order dated 02.03.2021 passed by the Division
Bench as the present writ petition then was getting hearing from the
Hon'ble Division Bench, the respondents were directed either to pay
compensation within a period of three weeks or to show cause by filing
the counter affidavit within the same time.
17. On behalf of the respondent No. 3-Officer Commanding, 118
Road Constr Coy (GREF) Shalimar, Kishtwar, Mr. Vishal Sharma,
learned DSGI had entered appearance joined by Mr. Sandeep Gupta,
learned CGSC.
18. Requisite counter affidavit did not come forward from the end of
the respondents No. 2 & 3.
19. The Hon'ble Division Bench, by virtue of its order dated
25.03.2021 came forward with very strong worded observations to the
effect that Government is not abiding by its own offer of paying
compensation to the land owners as assessed and held to be payable
in terms of the acquisition award dated 08.09.2014.
20. The reason for disability to pay the compensation to the land
owners was referred to be the default on the part of the Public Works
Department and GREF in not depositing the requisite amount with
which the petitioners were held to have no concern whatsoever as the
same being an internal matter of the Government inter se the
Departments.
21. The Hon'ble Division Bench went to the extent of holding that the
petitioners cannot be held at ransom to be denied the compensation in
negation of the Right to Property enshrined under article 300-A of the
Constitution of India.
22. In the backdrop of the aforesaid observations, the Hon'ble
Division Bench, in terms of its order dated 25.03.2021, felt
constrained to issue an ad interim mandamus upon the respondent
No. 2-Collector Land Acquisition (Assistant Commissioner Revenue),
Kishtwar to make the compensation to the petitioners as per the land
acquisition award dated 08.09.2014 with interest as admissible under
law within a period of one month, failing which personal appearance
not only of the Collector Land Acquisition (Assistant Commissioner,
Revenue), Kishtwar but also of the Chief Secretary, UT of Jammu &
Kashmir was to take place.
23. Order dated 25.03.2021 so passed by the Hon'ble Division
literally said final words on the adjudication of this writ petition and
that was enabling the payment of the deposited compensation amount
in favour of the petitioners to set them free from the chain of the
present litigation.
24. In terms of an order dated 03.11.2021, the requisite deposit to
be made from the end of the respondents was directed to take place
within three months whereupon the same to be kept in a fixed deposit.
25. An amount of Rs. 14,46,259/- came to be, thus, deposited with
the Account Section of this Court on 26.11.2021 and the said amount
is now lying with this Court meant for payment to the petitioners.
26. The respondent No. 1 as well as the respondent No. 4 in their
respective replies came forward with the chronology of the land
acquisition exercise and also the handicap created by the Indenting
Department in not making available the balance amount of the
compensation assessed.
27. Thus, two respondents i.e., the respondents No. 1 & 4 absolved
themselves from any act of omission or commission in the matter of
making payment of compensation to the petitioners. The said two
respondents in their reply referred to the history of the road
construction as to how from PW(R&B) Department, Division Kishtwar,
the same was transferred to GREF Authorities in the year 1995 and
from there to the respondent No. 3-Officer Commanding, 118 Road
Constr Coy (GREF) Shalimar, Kishtwar.
28. From the end of the respondent No. 2-Collector Land Acquisition
(Assistant Commissioner, Revenue), Kishtwar, there is no denial or
dispute whatsoever regarding the respective entitlement of the
petitioners to be the beneficiary of the compensation amount of
Rs. 8,97,000/- which, with the interest accrued thereupon, came to
Rs. 14,46,259/- getting deposited with this Court on 26.11.2021.
29. If there would have been any issue relatable to the petitioners in
seeking the compensation for their 1.4 kanal of land comprised in
khasra Nos. 5339/5332/4214 min coming in acquisition without
corresponding payment of compensation to them, the respondent
No. 2-Collector Land Acquisition (Assistant Commissioner, Revenue),
Kishtwar would not have entertained the applications repeatedly made
by the petitioners seeking compensation before finally coming forward
with the present writ petition.
30. In view of the aforesaid facts and circumstances of this case, the
petitioners are held entitled to the writ of mandamus in furtherance of
an ad interim mandamus issued in terms of order dated 25.03.2021
by holding them entitled to receive the compensation now lying in
deposit with this Court.
31. The writ petition is, thus, allowed and the deposited
compensation amount of Rs. 14,46,259/- alongwith accrued interest
thereupon whatsoever be released in favour of the petitioners in four
equal shares by transfer to their respective bank accounts to be
provided by learned counsel for the petitioners.
32. Registrar Judicial, Jammu to do the needful within a period of
one month.
33. Disposed of.
34. The detailed judgment is following the order dated 16.12.2023
vide which the writ petition was ordered to be allowed as is hereby
being done.
(RAHUL BHARTI)
JUDGE
JAMMU
05.01.2026
Shivalee
