C) No. 2434 of 2025 · High Court of Jammu & Kashmir and Ladakh
Case at a glance
- Bench
- SANJAY DHAR
Outcome
Disposed of
Accordingly, the writ petition is disposed of with a
Provisions considered
Key paragraphs
- Para 44. Accordingly, the writ petition is disposed of with a direction to the respondents not to utilize the land/shop(s) belonging to the petitioners without concluding the acquisition process and paying compensation to them in accordance with law.
Judgment
Through: Mr. K.M Bhatti, Advocate Vs UT of J&K and ors. .…. Respondents Through: Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 03.09.2025
The petitioners, through the medium of present petition have challenged notification No. coll/Def/2019-20/772-76 dated
30.09.2019 issued under Section 4 (1) of the J&K Land Acquisition Act whereby the respondents have expressed their intention to acquire the land including the land measuring 04 marlas and 03 marlas comprised in khasra Nos. 588 min and 588 of village Buffliaz Tehsil Surankote District Poonch belonging to the petitioner.
Learned counsel for the petitioners has submitted that the impugned notification has been issued under J&K Land Acquisition Act on a date when the said Act had already been repealed by virtue of J&K Reorganization Act, 2019.
I am afraid the contention of learned counsel for the petitioners in this regard is misconceived because the J&K Land Acquisition Act was repealed by virtue of J&K Reorganization Act, 2 WP (C) No. 2434/2025 2019 which came into effect on 31.10.2019, whereas, the impugned notification has been issued on 30.09.2019 which is prior to the repeal of J&K Land Acquisition Act. However, one thing is clear that the respondents cannot utilize the land of the petitioners without concluding the acquisition process and without paying compensation to them.
Operative part
Accordingly, the writ petition is disposed of with a direction to the respondents not to utilize the land/shop(s) belonging to the petitioners without concluding the acquisition process and paying compensation to them in accordance with law.
Disposed of. JAMMU 03.09.2025 Tarun/PS (SANJAY DHAR) JUDGE Mahavir Singh 2025.09.09 15:52 I attest to the accuracy and integrity of this document
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is disposed of with a
Which statutory provisions did this judgment involve?
J&K Land Acquisition Act — s. 4(1); J&K Reorganization Act, 2019; J&K Reorganization Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.