High CourtsDivision Bench(2021) 09 J&K CK 0054

Mohammad Maqbool Bhat & Ors vs State Of J&K & Ors

Jammu And Kashmir High Court · Decided on 28 September 2021

HON’BLE JUDGES
Pankaj Mithal,CJ · Vinod Chatterji Koul, J
RESULT
Disposed Of
CASE NUMBER
Others Writ Petition (OWP) No. 669 Of 2016

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 · 216 words
1.

Heard Shri Arif Ali Dar, learned counsel for the petitioners; learned Advocate General assisted by Shri Sajjad Ashraf, learned GA and Shri M. A. Chashoo, learned AAG, appearing for the respondents.

2.

The petitioners, by means of this writ petition, want quashing of the Notification dated 18.04.2016 by which they have been directed to remove their structures within 20 feet from the centre of line of the existing road and Mandamus commanding the respondents not to demolish their two structures consisting of 18 shops on the proprietary land under Khasra No. 4360/2809/1706 and 2813/1708 situated on the first kilometer of Tral Srinagar Road via Nowdal.

3.

The respondents have filed their reply in the open Court which is taken on record.

4.

The respondents in paragraph 4 of the counter affidavit have clearly stated that the widening of the road stands completed and that neither any land for the purpose was notified or acquired nor any construction belonging to the petitioners have been dismantled.

5.

In view of the above, the impugned notice has been rendered meaningless in so far as the petitioners are concerned as their structures have not been demolished for the purposes of road widening.

6.

Accordingly, the writ petition stands disposed of. The interim order, if any shall stand vacated forthwith.