Jammu & Kashmir High Court – Srinagar Bench
Asgar Ali Bhalti And Ors vs Government Of J And K (Revenue) on 11 March, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 154
Regular Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 950/2025 CM(2502/2025)
CM(867/2026)
ASGAR ALI BHALTI AND ORS ...Appellant(s)/Petitioner(s)
Through: Mr. S.N Ratanpuri, Advocate
Vs.
GOVERNMENT OF J AND K (REVENUE)
...Respondent(s)
AND ORS
Through: Mr. Ilyas Nazir Laway, GA (R-5)
Ms. Maha Majeed, Advocate (R- 2 to 4)
Mr. Faheem Nisar Shah, GA (R-1)
CORAM:
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER
11.03.2026
1. By this petition, petitioners herein are seeking direction upon respondents
to initiate and complete the acquisition proceedings with regard to the land
of petitioners measuring 16 Kanals & 16 Marlas, falling under Survey No.
340/196, situated at Revenue Village Nilgrath Tehsil Gund District
Ganderbal, with a further direction to pay adequate compensation to
petitioners, in accordance with the provisions of Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
2. The case set up by petitioners is that the petitioners are owners of land
measuring 16 Kanals & 16 Marlas, falling under Survey No. 340/196
situated at Revenue Village Nilgrath Tehsil Gund, District Ganderbal,
which had come under alignment of Zojila Tunnel Project, but neither any
acquisition proceedings have been initiated nor any compensation has
been given to them. Accordingly, the petitioners had approached this
Court in the year 2022, by way of a writ petition bearing No. WP(C)
1668/2022, which came to be disposed on 04.08.2022 as under:
“Since the matter involves verification of factual aspects,
we dispose of this writ petition with the direction to the
Deputy Commissioner, Ganderbal, to consider and
decide the aforesaid representation of the petitioners filed
as Annexure-II to the writ petition by a speaking order
within a period of three months from the date a copy of
his order is placed before him.”
3. That after passing the order supra, the respondents started the process of
consideration of the representation of the petitioners for payment of
compensation in accordance with the law, a Revenue Expert Committee
was constituted for disposing of the claims of the petitioners, and in
pursuance thereof a team was constituted for demarcation of the land of
the petitioners. Demarcation was conducted and a report was submitted by
Tehsildar Gund to Collector, Land Acquisition (ACR) Ganderbal stating
therein that in Estate Nilgrath, petitioners’ aforesaid land had already been
acquired by NHIDCL for construction of road.
4. It is being stated that till date petitioners are not being paid the
compensation with respect to their land acquired by respondents forcing
the petitioners to approach this Court.
5. Learned counsel for petitioners, after reiterating the grounds as taken in
the writ petition, has stated that petitioners would feel satisfied, if the
instant writ petition is disposed of by directing respondents to pay
compensation to petitioners in accordance with laws and rules in vogue,
including the provisions of Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a
fixed time frame.
6. Learned counsel for the respondents are not averse to the preposition
made by learned counsel for the petitioners and state that the petitioners’
case for payment of compensation would be considered strictly in
accordance with rules as were applicable at the time of taking
over/acquisition of land, provided the land in question has been
acquired/taken over as claimed.
7. In view of above, writ petition is disposed of with a direction to
respondents to consider the case of petitioners for payment of
compensation with respect to the land of petitioners, if any, acquired by
them, in accordance with applicable rules.
8. Let such consideration be accorded within two months from the date copy
of this order along with complete paper book is served upon respondents.
9. Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR:
11.03.2026
“Adil Ismail”