Raj Rani And Others vs Union Territory Of J&K And Others

Sanjeev Kumar, J

The petitioners claim that they are owners in possession of land measuring 14 kanals 19 marlas in khasra No. 453, 11 kanals in khasra No. 548/432, 15 kanals in 423, and 11 kanals in Khasra No. 432 min, total measuring 51 kanals and 19 marlas situated at Village Changi Kangrial, Tehsil Beripattan, District Rajouri.

The short grievance of the petitioners is that respondent No. 4 is constructing a path-way and intends to take under construction some portion of the land owned and possessed by the petitioners without formally acquiring the same and paying the compensation.

Learned counsel for the petitioners submits that the petitioners would feel satisfied, if this petition is disposed of, at this stage by directing the respondents not to take over the possession of the land owned and possessed by the petitioners for construction of path-way or otherwise, without adopting due course of law.

Keeping in view the submission made by learned counsel for the petitioners and the nature of relief prayed for, this petition is disposed of by providing that in case the respondents, including respondent No. 3, intends to take over the possession of the land owned and possessed by the petitioners for construction of path-way or for some other reason, the same shall be done only after following due process of law.