Jammu & Kashmir High Court - Srinagar Bench
Basher Ahmad Ganie And Ors vs Ut Of Jk And Ors on 24 November, 2022
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
S. No. 63
Supp-1
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 2606/2022
CM No. 6574/2022
Basher Ahmad Ganie and Ors. ...Petitioner(s)
Through: Mr. H. Furahi, Advocate
Vs.
UT of JK and Ors. ...Respondent(s)
Through: Mr. Abdul Rashid Mali, Sr. AAG vice
Mr. F. A. Bhat, AAG
CORAM:
HON'BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
24.11.2022 The short grievance projected in the instant petition is that the respondents are contemplating to acquire 8 Marlas of land out of 15 Marlas covered under Survey No. 484 situate at Buchroo Kulgam which land is being owned and possessed by the petitioner.
It is being contended by learned counsel for the petitioner that the 8 Marlas of land in question in fact is being acquired by the official respondents for the purpose of Jinazahgah without following procedure and paying compensation thereafter to the petitioners.
According to the counsel for the petitioner, the respondents though came to be approached by the petitioner for following procedure established under law in case they intend to acquire the land in question, yet the respondents turned deaf ear to the requests made by the petitioners in this regard.
Mr. Furahi, learned counsel for the petitioner while reiterating the contentions raised in the petition would pray for disposal of the petition at this stage by grant of an innocuous direction to the respondents to follow procedure prescribed by law, in the event, the respondents intend to acquire 8 Marlas of land of the petitioners for utilization as Jinazahgah Mr. Abdul Rashid Malik, Sr. AAG, present, enters appearance on behalf of respondents vice Mr. Fayaz Ahmad Bhat, AAG.
Mr. Malik is not averse to the disposal of this petition at this stage or else to the grant of prayer made by counsel for the petitioner. Mr. Malik, however, would submit that the case of the petitioner would be considered on its own merits in accordance with law and regulations occupying the field.
Having regard to the nature of controversy involved and submissions made by the appearing counsel for the parties, the petition is taken up for final disposal at this stage and is disposed of with the direction to the official respondents that in the event land measuring 8 Marlas covered under Survey No. 484 claimed to be owned and possessed by the petitioner is intended to be acquired for the purpose of Jinazagah, the respondents shall follow the procedure prescribed under law.
Disposed of.
(JAVED IQBAL WANI) JUDGE SRINAGAR 24.11.2022 Aadil