Ghulam Ahmed Bhat v. Union Territory of J and K and Anr. (Revenue Department)

ORDER

15.10.2025

¶01A land acquisition exercise came to be undertaken under the Jammu and Kashmir State Land Acquisition Act Svt, 1990 wayback in the year 1979 with respect to land measuring 31 kanals 3 marlas in khasra No. 171 situated at Khushipora, Tehsil Srinagar. Regular

¶02Post passing of the final land acquisition award on

30.11.1979, issues came to be generated with respect to the ownership of the acquired land in terms of the revenue records available as well as concerns of the revenue authorities with respect to the genuineness of the recorded ownership of the land acquired.

¶03Compensation of an amount of Rs. 3,09,867.49/- is said to have been assessed by the concerned Collector, Land Acquisition which was meant to be payable to the land owners reflected in the award.

¶04However, at this stage of the exercise, matter was referred to the Principal District Judge, Srinagar as land reference No. 05/2010 instituted on 02.03.2010. This reference had come forth from the end of the concerned District Collector Srinagar.

¶05The land reference came to be adjudicated upon with reference to section 31 of the Jammu and Kashmir Land Acquisition Act, Svt 1990 by virtue of an award dated 30.10.2018 which confirmed the status of the land owners as being entitled to receive the compensation.

¶06These landowners had way back in 1979 received the assessed compensation under protest as is borne out from Annexure-III Paperbook page 31 to the writ petition thereby keeping alive their right to have the assessment of land compensation finally settled only through the mode of section 18 reference.

¶07On account of certain unwarranted observations made by the reference court of the learned Principal District Judge, Srinagar, the petitioners made an application on File No. 25/M on 09.03.2020 which came to be disposed of vide an order dated 17.12.2022 by way of withdrawal of the observations objected to by the petitioners.

¶08Pursuant to said order dated 17.12.2022 having brought the observations out of their way, the petitioners made an application on 17.02.2023 in furtherance of an already pending application made on 21.02.2020 to the Collector Land Acquisition, Srinagar for generating the reference under Section 18 of the Jammu and Kashmir State Land Acquisition Act Svt., 1990 which has remained unattended by the District Collector, Srinagar constraining the petitioners to come forward with the present writ petition seeking a writ of mandamus unto the District Collector, Srinagar i.e., the Deputy Commissioner, Srinagar to make the reference with respect to the application so submitted by the petitioners.

¶09This writ petition is disposed of with a direction unto the respondent no. 2-Deputy Commissioner (Collector) Srinagar to consider the pending application, if any for reference and make the requisite reference subject to just exceptions to enable the adjudication by the reference court.

¶10Needful to be done by or before 30th of November, 2025.

(Rahul Bharti)

Judge

SRINAGAR

15.10.2025 Bisma Jan.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2937/2023 CM(4500/2025) CM(6982/2023). GHULAM AHMED BHAT. …Petitioner(s) Through: Mr. Z.A. Qureshi, Senior Advocate with Mr. Anurag Verma, Advocate. VERSUS UNION TERRITORY OF J AND K AND ANR. Through: Mr. Furqan Sofi, GA. …Respondent(s) CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.