Gouri and Others v. Ut of J and K Th Commissioner Secretary Revenue Department, Jammu and Others

ORDER (30.03.2026)

¶01Petitioners, through the medium of this petition, seeks issuance of an appropriate writ/order/direction, particularly directing respondent Nos. 2 and 3 to release the compensation amount in their favour, along with statutory interest, in respect of their due share of the land, acquired for construction of PWD Road from village Latyar to village Sanasar. Serial No. 11

¶02The petitioners have pleaded in this petition that the land belonging to the petitioners was utilized for the construction of the road up to 8 kms from Village Latyar to Sanasar during the year 2008–2009; that, despite the utilization of the land, compensation has not been disbursed to the petitioners for a considerable period; that, pursuant to directions issued by this Court in earlier proceedings, the Executive Engineer PWD (R&B), Udhampur had deposited the funds to the tune of Rs. 36,74,000/- in the account of Collector Land Acquisition, Udhampur vide Treasury Voucher No. 4 dated 22.03.2024.

¶03Learned counsel for the petitioners submits that the petitioners shall be satisfied, if their petition is disposed of, at this stage, with a direction to respondent Nos.2 & 3 to process and release the compensation amount in favour of the petitioners, strictly in accordance with law, to the extent of their due share in the acquired land within some time frame along with statutory interest admissible under law.

¶04Learned counsel for the respondents submits that the respondents shall not be averse to the consideration of the plea raised on behalf of the petitioners and have no objection to the disposal of the petition at this stage with the directions as prayed for, in accordance with law.

¶05In view of the pleadings, submissions made by both sides and facts and circumstances of the case, this petition is disposed of, at this stage, with a direction to the respondents, particularly, respondent No.3-Collector Land Acquisition (ACR) Udhampur, to release the amount of compensation in favour of the petitioners to which they may be found entitled to and for having using their land for the construction of PWD Road from village Latyar to village Sanasar. This exercise shall be made expeditiously,

preferably within a period of four weeks from the date of receipt of copy of this order.

¶06The petition is accordingly disposed of, along with all connected application(s), if any.

(M A CHOWDHARY) JUDGE

Jammu

30.03.2026 Amit

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 754/2026 1. Gouri (72 years) S/O Late Sh. Hariya, R/O Village Katti Tehsil Panchari District Udhampur. 2. Mir Chand, ( 82 years) S/O Late Sh. Mantu R/O Osh Subha Tehsil Panchari District Udhampur. 3. Munshi (96 years) S/O Late Sh. Thakur Dass, R/O Village Osh Subha Tehsil Panchari District Udhampur 4. Parshotam (50 years) S/O Paras Ram, R/O Village Latyar, Tehsil Panchari District Udhampur. …..Appellant(s)/Petitioner(s) Through: Mr. Ajay Kumar, Advocate Vs. 1. Union Territory of J&K through Commissioner/Secretary to Revenue Department, Civil Secretariat Jammu/Srinagar. 2. District Collector (Deputy Commissioner) Udhampur. 3. Collector Land Acquisition (ACR) Udhampur I .…. Respondent(s) Through: Ms. Nazia Fazal, AC Mrs. Monika Kohli, Sr. AAG CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE