Judgment · High Court of Jammu & Kashmir and Ladakh

Mr. B. S. Bali, Adv. Vs. Union Territory of JK & Ors. ...Respondent(s) Through: Mr. Satinder Singh Kala, AAG CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE PUNEET GUPTA, JUDGE

O R D E R 09.09.2022

The petitioners have preferred this writ petition seeking compensation in respect of 6 Kanals and 10 Marlas of land forming part of Khasra No. 177 situate at village Dehbugh Tehsil Kunzer, District Baramulla, Kashmir.

The petitioners contend that they were divested of the possession of the aforesaid land 40 years ago and till date they have not been paid any compensation.

The petitioners are approaching this court admittedly after a long distance of time of 40 years and, as such, the petition suffers from delay and laches. It is also not clear from the petition as to the exact date or probable year in which they were dispossessed and whether the said dispossession was in accordance with law or other-wise. In such circumstances, it is next to impossible for this Court to come to any conclusion in the matter so as to grant any relief to the petitioners. The petitioners, in such circumstances, either have a remedy to approach the Civil Court or to prefer a representation before the Deputy Commissioner,

Accordingly, we dispose of this petition with a liberty to the petitioners either to approach the Civil Court or to submit a representation before the Deputy Commissioner, Baramulla, who will consider the same and after verifying the facts from the record may pass suitable order in accordance with law.