Rehmtullah and Others v. Ut of J and K Th Secretary Revenue Dep and Others

ORDER (07.02.2026)

¶01Petitioners, pleading that they being the owners of the land measuring 43 kanals 18 marlas, acquired for construction of Doda to Malwas link road in Village Doda, Tehsil & District Doda have not been paid compensation assessed by the Collector, through the

medium of this writ petition, seek a direction upon the respondents to release the awarded compensation to the tune of Rs. 1,94,90,393.00/- (One Crore Ninety Four Lakh Ninety thousand three hundred ninety three rupees) in the favour of the petitioners who figure at serial number1,3,5,11,12,13,18,27,33,34,35,36,37&39 in the apportionment statement of compensation of land acquired for construction of Doda Malwas Road in Village Doda, Tehsil & District Doda, for their land measuring 43 kanals 18 marlas for PWD (R&B), Division Doda in terms of the Acquisition award dated 26.06.2020 passed by respondent No. 2. Respondent No. 1 and 2 have filed the reply and pray that the writ petition be disposed of with the direction to the intending department i.e. PWD (R&B) to deposit the awarded amount before respondent No. 2-Collector Land Acquisition (Assistant Commissioner Revenue) Doda for its disbursement among the interested land owners including the petitioners. Respondent No. 3 to 5 have also filed the reply stating therein, that respondent Nos. 4 &5 have approached to their higher authorities vide communication Nos. 14078-81 dated

19.02.2021 & SED/R&B/12658-60 dated

25.02.2021 for release of the compensation awarded amount to the tune of Rs. 5,59,03,600/- for payment of compensation to the affected land owners. In view of the pleadings of the parties, it is an admitted case that the compensation assessed for the land of the petitioners, which was used for the construction of a road, has not been released despite the

fact that their land has been used for construction of road since 2020. Parties are thus, not in dispute with regard to these facts.

¶05In view of the facts and circumstances and submissions made by the learned counsel for the parties, the instant writ petition is allowed and the petitioners are held entitled to the relief(s) sought. The respondents are directed to make payment of the compensation to the petitioners to which they are entitled within a period of three months from the date certified copy of this order is made available to them by the petitioners.

¶06Petition, is thus, disposed of, along with connected application(s).

(M A CHOWDHARY) JUDGE

Jammu

07.02.2026 Renu

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1184/2022 CM No. 3490/2022 Date of order : 07.02.2026 Uploaded on: 09.02.2026. 01. Rehmtullah S/O Late Gh. Mohd. R/O Village Top Neel, Tehsil & District Doda, 182143. Shabir Ahmed S/O Late Gh. Mohd. R/O Village Village Top Neel, Tehsil & District Doda, 182143. Mata Begum W/O Late Gh. Mohd R/O Village Top Neel, Tehsil & District Doda, 182143. Gh. Hassan S/O Ab. Razzak Gowal R/O Doda City, Tehsil & District Doda. 05. Jagdish Kumar S/O Late Ram Lal R/O Doda City, Tehsil & District Doda. 06. Ranjeet Singh S/O Late Gandharv Singh R/O Bijarni, Tehsil & District Doda. 07. Surjeet Singh S/O Late Gandharv Singh R/O Bijarni Tehsil & District Doda. 08. Mohd Din S/O Mukhta R/O Doda City, Tehsil & District Doda. 09. Lal Din S/O Jabar Batt R/O Doda City, Tehsil & District Doda. Serial No. 31 10. Lal Din S/O Ghulam Qadir Batt R/O Kuddhar Tehsil & District Doda. 11. Mohd. Amin S/O Ghulam Qadir Batt R/O Kuddhar, Tehsil & District Doda. 12. Gh. Mohd. S/O Jabbar Batt R/O Dessa, Tehsil & District Doda. …..Appellant(s)/Petitioner(s) Through: Mr. Dheeraj Sharma, Advocate. vs 01. UT of J&K through its Secretary, Revenue Department, Government of J&K, Civil Secretariat, Jammu. Assistant Commissioner (Revenue) Collector Land Acquisition, Doda. The Chief Engineer, PW (R&B) Department, Jammu. Superintending Engineer PWD(R&B) Circle, Doda. 05. Executive Engineer, PWD (R&B) Spl. Division, Doda. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG for R-1&2. Ms. Pallavi Sharma AC vice Mr. Ravinder Gupta, AAG for R-3 to 5. CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE