High CourtsDivision Bench(2022) 03 J&K CK 0050

Asgar Hussain And Others vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 28 March 2022

HON’BLE JUDGES
Pankaj Mithal, CJ · Moksha Khajuria Kazmi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 623 Of 2022

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 209 words
1.

The dispute in this writ petition is concerning 13 kanals and 16 marlas of land falling under of Khasra No. 68 situate at Shergarhi Tehsil Chasana District Reasi.

2.

The petitioners allege that their residential houses stand constructed on the said land and since the said land has fallen within the alignment of a road from Kunderan to Mamankote upper under the Prime Minister Grameen Sarak Yogna (PMGSY), the respondents are taking steps to construct the road on about 06 kanals of the said land without acquiring it and without paying compensation.

3.

Sh. D.C.Raina, learned Advocate General is present and accepts notice on behalf of the respondents.

4.

He submits that the respondents would not take possession of the land without acquiring it except in accordance with law.

5.

In view of the aforesaid facts and circumstances, we dispose of this writ petition with the direction to the respondents not to take possession of any part of the petitioners’ land as aforesaid for the purposes of construction of the road except in accordance with law and by following the due procedure for acquisition of the land provided the petitioners are owners of the land and have a right over it.

6.

The writ petition is disposed of.