Ut of J and K Th Commissioner Secretary to Govt. Revenue Department and Others v. Sikindla Devi

ORDER (ORAL)

25.02.2026

CM No. 954/2026

¶1This is an application seeking condonation of delay of 143 days in filing LPA. Serial No. 73

¶2The application, for the reasons stated therein, coupled with submissions made at Bar, is allowed and delay in filing the LPA is condoned.

¶3Application disposed of. LPA No. 28/2026

¶1Impugned in this appeal, filed by the Union Territory of Jammu and Kashmir and others, is an order and judgment dated 01.03.2025 passed by learned Single Judge of this Court (the Writ Court) in WP(C) No. 2798/2023, whereby the writ petition filed by the respondents has been allowed and the respondents have been held entitled to interest at the rate of 6% from the date the amount was deposited by the Indenting Department with the Collector till the amount is actually paid to the respondents.

¶2The judgment impugned is challenged by the petitioners on a short ground that the Tribunal has erroneously awarded the interest for the period after 13.12.2023 i.e. the date when the notice was issued to all the interested persons, including the respondents to collect the remaining 20% of the compensation from the Office of the Collectorate.

¶3Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the petitioners could not have been burdened with the payment of interest for a period after 13.12.2023, when a specific notice was issued to all the owners/interested persons, which would include the respondents

herein to collect the balance amount of 20% of compensation from the office of the Collectorate.

¶4For the foregoing reasons, the judgment impugned is modified by providing as under:

(i) That the 20% of the balance compensation shall be payable to the respondents along with interest at the rate of 6% to be calculated from the date, the amount was deposited by the Indenting Department with the Collector till 13.12.2023, the entire payment along with interest shall be disbursed to the respondents within a period of four weeks from the date a copy of this Order is served upon them.

(ii) We, however, make is clear that, in case, the requisite payment is not made paid within the aforesaid period, the amount shall become payable with the interest at the rate of 10% per annum.

¶5Disposed of.

(Sanjay Parihar) (Sanjeev Kumar)

Judge Judge

Jammu

25.02.2026 Vishal Sharma

Whether the order is reportable?

Whether the order is speaking?

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 954/2026 1. UT of J&K th. Commissioner/Secy. To Govt. Revenue Deptt. Civil Sectt. UT of J&K, at Jammu 2. Deputy Commissioner, Ramban 3. Collector Land Acquisition, Ramban 4. J&K Power Development Corporation th. its Managing Director Pronounced on: 25.02.2026 Uploaded on: 26.02.2026 …..Appellant(s)/Petitioner(s) Through: Mr. Raman Sharma, AAG(Sr. Adv) with Ms. Saliqa Sheikh, Advocate vs 1. Sikindla Devi W/o Late Chain Singh R/o Village Sarnasool, Bibrottam, Rajbagh, Ramban 2. Sudesh Kumar S/o Janda R/o Village Ghari, Tehsil Rajbagh, Distt. Ramban 3. Amar Singh S/o Janda R/o Village Ghari, Tehsil Rajbagh, Distt. Ramban .…. Respondent(s) Through: Mr. Jagpaul Singh, Advocate CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE