Jammu & Kashmir High Court
Nazir Hussain And Ors vs Ut Of J&K And Ors on 4 August, 2023
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 147
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1285/2022
CM No. 2041/2023
CM No. 3685/2022
Nazir Hussain and Ors. .....Appellant(s)/Petitioner(s)
Through: Mr. Aditya Gupta, Advocate.
Vs
UT of J&K and Ors. ..... Respondent(s)
Through: Ms. Nazia Fazal, Assisting Counsel vice
Mrs. Monika Kohli, Sr. AAG for R-1 to 4.
Mr. Sunny Mahajan, Advocate for R-5.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
04.08.2023 CM No. 2041/2023
01. The petitioners who belong to one family had come to question an entire land acquisition exercise which has culminated in passing of an impugned acquisition award no. SDM/C/CLA/2018-19/189-95 dated 30.01.2019 passed by the Collector Land Acquisition (Sub-Divisional Magistrate), Chenani. The acquisition of the land is spread over number of khasras in village Kawalt-Bachhal, tehsil Chenani, district Udhampur. The land acquisition is for construction and up-gradation of Road to 2-lane with paved shoulder of Chenani - Sudhamahadev section, NH-244.
02. The petitioners relate themselves to khasra no. 278 min, khasra no. 280 min & khasra no. 286 min and in that context claim that their land 2 WP(C) No. 1285/2022 CM No. 2041/2023 CM No. 3685/2022 falling in the said khasra numbers have come to suffer acquisition which is nonest in the eyes of law. This Court, in terms of an order dated 04.11.2022, came to direct status quo as existing on the said date to be maintained by the parties.
03. It is being urged by the learned counsel for the respondent no. 5 that because the status quo direction, the project work with respect to construction and up-gradation of road to 2-lane with paved shoulder of Chenani - Sudhamahadev section, NH-244 has come to a halt and, therefore, to this extent there shall be a modification of the interim direction so that the project work shall does not suffer any pickup.
04. Mr. Aditya Gupta, learned counsel appearing for the petitioners vehemently submits that the respondents in particular respondent no. 5 is not coming up with true disclosure of facts and that the original alignment has already been changed whereas the present alignment is running across the land which has not come under acquisition.
05. As per the award whatsoever may be the original extent of holding of the petitioners in khasra no. 278 min, khasra no. 280 min & khasra no. 286 min in village Kawalt, the land acquired are 1.7 kanals out of khasra no. 278 min, 1.17 kanals out of khasra no. 280 min and 1.1 kanals out of khasra no. 286 min whereas the rest of the land falling in the said three khasra numbers has not been in any manner used or occupied by 3 WP(C) No. 1285/2022 CM No. 2041/2023 CM No. 3685/2022 the respondent no. 5 in the course of carrying out the construction of the desired execution of the above mentioned project.
06. Mr. Aditya Gupta, learned counsel appearing for the petitioners submits that since the petitioners are seeking quashment of the entire land acquisition exercise, as such, they have the right to defend their property so that it can only be dealt with in accordance with law.
07. There can't be any disagreement with such proposition of law as the fact remains even if any portion of the land of the petitioners' property has come to be used and appropriated for the construction of the aforesaid project whether acquired or non-acquired, whether acquired validly or illegally, the justice would come in service of the petitioners to compensate for the injury and the loss as may have comes to be suffered by the petitioners even if this Court comes to conclusion that the entire land acquisition proceedings qua the petitioners' land was nonest.
08. Therefore, this Court deems it essential to relax the status quo direction to the extent that the respondent no. 5, its agents/employees/representatives in no manner shall carry out any activity relating to the project work other than upon and with respect to land measuring 1.7 kanal in khasra no. 278 min, 1.17 kanal in khasra no. 280 min and 1.1 kanal in khasra no. 286 min of village Kawalt. In case the petitioner would reckon that the respondent no. 5, its 4 WP(C) No. 1285/2022 CM No. 2041/2023 CM No. 3685/2022 agents/employees/representatives are exceeding the boundaries of the acquired area out of the aforesaid khasra numbers then the petitioners would be well within their right to approach the Deputy Commissioner concerned for seeking new demarcation of the land which has been acquired out of the aforesaid three khasra numbers vis-à-vis the rest of the land of the petitioners in the said three khasra numbers and in the event of the petitioners approaching the Deputy Commissioner, Udhampur, then the Deputy Commissioner, Udhampur shall be under an obligation to get the demarcation done within a period of 15 days by a committee of the revenue officials with a report to be submitted to the Deputy Commissioner concerned and copy to the petitioners as well as to the respondent no. 5.
09. The relaxation of this order in no manner shall be read as prejudicing the case of the petitioners upon merits in the present writ petition.
10. Disposed of.
WP(C) No. 1285/2022
10. List on 13.09.2023.
(Rahul Bharti) Judge Jammu 04.08.2023 Bunty