Ghulam Rasool Khan and Anr v. Union Territory of J and K and Ors. (Public Health Engineering / I and Fc)

ORDER 08-07-2025

¶1The petitioners, through the medium of the instant writ petition, have sought the following relief(s): a) Issue a writ, order or direction in the nature of mandamus, directing the respondents to accord consideration for engagement of Petitioner no. 02, namely Asif Ahmad Khan Son of petitioner no. 1 (Land Owner) in lieu of compensation for acquisition of land measuring 16 Maria's under survey no. 1998 situated at Shalla Bugh Tehsil Tulmulla District Ganderbal for Delivery tank for Water Supply Scheme, on same analogy as was done in similarly placed cases of Land owners under different ongoing schemes. b) Issue a writ, order or direction in the nature of mandamus, directing the respondents to provide Fair compensation as per the prevalent market rate of the land measuring 16 Marlas in addition to the employment.

¶2Mr. Jahangir Ahmad Dar, learned GA submits, that in so far as the prayer (a) of the petition is concerned, the same cannot be acceded to, as there is no policy as on date which provides employment in exchange of the compensation for acquisition of the land.

¶3Learned counsel for the petitioners, when confronted with the submission of learned GA, submits that he does not want to press the instant petition to the extent of relief (a). His submission is taken on record. Ordered accordingly.

¶4In so far as the relief (b) of the petition is concerned, the learned counsel for the respondents has drawn the attention of the court upon a detailed compliance report filed in pursuant to the order dated 25th September, 2023, whereby, the respondents have placed on record the detailed consideration order to the representation alleged to have been filed the petitioners.

¶5The detailed consideration order dated 14th of December 2023, reveals that the petitioners have been directed to provide requisite document including revenue papers along with mutation of land in the name of department vide communication dated 11th December 2023 for processing their case.

¶6Mr. Janhangir Ahamd Dar, learned GA submits that the respondents are not averse to grant of the compensation to the petitioners in conformity with the rules in vogue provided the petitioners provide all the requisite documents, which finds mention in consideration order dated 14.12.2023.

¶7Thus, in the light of the statement made by the learned counsel appearing on behalf of the respondents, no fruitful purpose would be served to keep this petition pending and the same is disposed of with the consensus of learned counsel appearing for the parties by directing the petitioners to submit the requisite documents before the respondents, as mentioned in the consideration order dated 14.12.2023, within a period of two weeks from, today. Upon furnishing of the requisite documents, the respondents are directed to process and decide the case of the petitioners for the release of the compensation as per law and norms within six weeks from, today, provided there is no other legal impediment subject to verification.

¶8The writ petition stands disposed of in terms of the above. ; (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 08-07-2025 Opinder

S.No.23 Regular List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2501/2023 GHULAM RASOOL KHAN AND ANR. …Petitioner(s)/Appellant(s) Through: Mr. Irshad Ahmad, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: Jehangir Ahmad Dar, GA CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL,JUDGE