Chuni Lal and Others v. Ut of J and K Th. Principal Secretary Revenue Department, Jammu and Others

ORDER

07.09.2026

¶1Through the medium of this petition, the petitioners are praying for following reliefs: - i. Issue a writ, order or direction in the nature of mandamus directing the respondents to fairly evaluate and determine the consideration/compensation amount for the execution of lease deeds or acquisition or any agreement, tower bases, and Right of Way (ROW) for the 400kV D/C Samba-Jalandhar line strictly in terms of the small piece land valuation vide notification (No. DCS/SQ/2025-26/2200-08 dated

31.12.2025) and calculate land value at the rate of 200% Rs. 49.44 lakhs per kanal as per the notified circle rate, and as per Ministry of Power guidelines dated 14.06.2024. ii. Issue a writ, order or direction in the nature of mandamus directing respondent no. (District Collector, Samba) to evaluate, adjudicate, and determine fair market compensation under Section 16 of the Indian Telegraph Act, 1885 read with the Electricity Act, 2003 Sr. No. 11

before allowing any construction activity on subject lands. iii. Issue a writ, order or direction in the nature of prohibition/injunction restraining respondent Nos. 3, 4 & 5 their officers, agents, or contractors from entering upon, constructing, or installing kV D/C transmission towers or ROW corridors over Khasra Nos. 620, 666, 693, 264, 265, 472, 622, 654, 271, 796, 799, 923/800, 798 and 806 of village Jatwal and khasra Nos. 379/339, 160 of village Balooni, Tehsil Ghagwal, District Samba, till full, fair compensation is determined and disbursed to the petitioners in accordance with law.

¶2It is stated by learned counsel for the petitioners that the petitioners are exclusive owners-in-possession of various parcels of agricultural, residential and commercially viable land situated at Village Jatwal bearing khasra Nos. 620, 666, 693, 264, 265, 472, 622, 654, 271, 796, 799, 923/800, 798 and 806. He further states that respondent Nos. 3 & 4 are trying to interfere into the peaceful possession of the petitioners without following the Guidelines for payment of compensation in regard to Right of Way for transmission lines issued by Ministry of Power, Government of India dated 14.06.2024. It is further stated that till date no compensation has been assessed by the respondents in favour of the petitioners.

¶3Learned AAG appearing for the respondents has objected to the maintainability of the instant petition on the ground that the jurisdiction under Article 226 of the Constitution of India is not amenable to the petitioners herein. He states that the writ petition is not maintainable against respondent Nos. 3 & 4 as they are not the

entities executing the work for installation of the transmission lines. He further states that respondent Nos. 3 & 4 are ready to negotiate with the petitioners with regard to the determination of compensation.

¶4Learned counsel for the petitioners states that the petitioners would feel satisfied if the instant petition is disposed of with a direction to the respondents to consider the representation of the petitioners filed before respondent Nos. 2 to 4.

¶5Mr. Raman Sharma, learned AAG states that he is not averse to the proposition being made by learned counsel for the petitioners.

¶6In view of the above, and without commenting upon the maintainability of the instant petition, this petition is disposed of with a direction to respondent Nos. 2 to 4 to decide the representation of the petitioners dated 30.07.2026 strictly in terms of the aforesaid guidelines, within one week, by passing a speaking order thereon.

¶7Disposed of.

(Moksha Khajuria Kazmi) Judge

JAMMU

07.09.2026 Manik

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2803/2026 Chuni Lal and Others .....Applicant(s)/Petitioner(s) Through :- Mr. Mohinder Singh, Advocate v/s UT of J&K and Others .....Respondent(s) Through :- Ms. Chetna Manhas, Assisting counsel to Ms. Monika Kohli, Sr. AAG Mr. Raman Sharma, AAG with Mr. Kartikay Sharma, Advocate CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE