Jammu & Kashmir High Court
Syed Mohd Yousuf Shah vs State Of J&K; And Others on 28 December, 2018
Equivalent citations: AIR 2019 (NOC) 102 (J. & K.)
Author: Sanjay Kumar Gupta
Bench: Sanjay Kumar Gupta
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
OWP No.2662/2018, IA No. 01/2018
Date of order: 28.12.2018
Syed Mohd Yousuf Shah Vs. State of J&K and others
Coram:
Hon'ble Mr. Justice Sanjay Kumar Gupta, Judge.
Appearing counsel:
For Petitioner (s) : Mr. Mohd. Shaquir Hussain, Advocate
For Respondent (s) : Mr. C. M. Koul, Sr. AAG
i) Whether to be reported in
Digest/Journal : Yes/No.
ii) Whether approved for reporting
in Press/Media : Yes/No.
1. In the instant writ petition, petitioners seek the following reliefs:-
"(a)Prohibition, restraining the respondents for constructing the road from Sain Samiti to Gahi Sayedan passing through the land and House of the petitioner and his family members without adopting the due course of law.
(b) Mandamus, commanding the respondents to initiate the due process of law in case official respondents are required the land belongs to petitioner and his family members and the acquisition of land must exempting the house of the petitioner and the ancestral Graveyard situated at Doodhasan Bala, Tehsil, Thanamandi District, Rajouri adopting the due process of law."
2. The case of the petitioner is that he is the co-owner and co-sharer of land measuring around 45 Kanals falling under Khasra No. 1670, 1672 and 1673 situated at Doodhasan Bala, Tehsil, Thanamandi District, Rajouri and the respondent Nos. 1 to 4 are constructing the link road from Sain Samiti to Gahi Sayedan and the said road is passing through the land of OWP No. 2662/2018, IA No. 01/2018 Page 1 of 3 the petitioner. There is already exist a road from Sain Samiti to Gahi Bajara and the whole area is covered by the said road. The present road is meant for the private respondents only in sheer misappropriation of the Government exchequer, while the said road will not serve any public purpose. Moreover, the alignment, as told by the official respondents, indicate the passing of the said road from the graveyard in which the ancestors of the petitioner and his family members are resting in peace and the alignment also shown through the house of the petitioner. The respondents are hell bent upon to grab the land of petitioner without adopting due process of law established under the Land Acquisition Act and other laws in force. The petitioner is running from pillar to post for justice because the official respondents have approached on the spot several times with heavy machines in order to excavate the land of the petitioner but due to the stiff resistance given by the family members of the petitioner, respondents could not succeed in their nefarious design. The petitioner has also made a representation to respondent No. 4, which is still pending and no decision has been taken on the representation of the petitioner till date.
3. After arguing for a while, learned counsel for the petitioner has submitted that petitioner would be satisfied, if the respondents are directed not to construct the road without adopting the due course of law dealing with the subject (Land Acquisition Act). His statement is taken on record. There is no legal impediment in granting such a relief.
4. To this, Mr. C. M. Koul, learned Senior AAG has stated that he has no objection, in case submission of the learned counsel for the petitioner is allowed.
5. In view of the aforesaid submissions made by the learned counsel for the parties and in the facts of the case, I deem it appropriate to dispose of the instant petition with a direction to the respondents that petitioner shall not be dispossessed from the property while constructing the road without OWP No. 2662/2018, IA No. 01/2018 Page 2 of 3 adopting due course of law dealing with the subject (Land Acquisition Act).
6. Writ petition along with connected IAs is disposed of, as above.
(Sanjay Kumar Gupta) Judge Jammu 28.12.2018 Meenakshi OWP No. 2662/2018, IA No. 01/2018 Page 3 of 3