Jammu & Kashmir High Court – Srinagar Bench
Inhabitants Of Village Nowgam vs Ut Of J&K And Ors on 20 July, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 7
Regular List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
CM No. 4328/2026 in
WP(C) No. 1653/2026
Inhabitants of village Nowgam
..... Appellant/petitioner(s)
Through: -
Mr. Hussain Rashid, Advocate
V/S
UT of J&K and Ors.
..... Respondent(s)
Through: –
Mr. Ilyas Nazir, GA
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER)
20.07.2026CM No. 4328/2026
01. The application under Order 1 Rule 8 CPC, for the reasons stated
therein is allowed and petitioners are permitted to file writ petition in
a representative capacity.
02. Notice to the respondents and also to the Public at large returnable
within four weeks to be issued in two daily newspapers having wide
circulation in District concerned. The petitioners shall deposit the
requisite publication charges within two weeks.
03. CM is, accordingly, disposed of.
WP(C) No. 1653/2026
01. By way of the present petition, the petitioners seek a direction to
the respondents to cancel the permission, if any, granted in favour
of respondent No. 6 and to restrain the respondents from issuing
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
any fresh permission to any person, including respondent No. 6, for
extraction of soil/earth from Survey No. 449/304 situated at
Village Nowgam, Rafiabad, District Baramulla.
02. Learned counsel for the petitioners submits that respondent No. 6
was granted permission to extract soil generated during the
levelling of a playground and to utilize the surplus material for the
construction and widening of National Highway-701. It is further
submitted that respondent No. 6 has exceeded the period of
permission, which was valid for eight days, and, in the process, has
caused damage to water supply pipelines, roads, bridges and other
public infrastructure.
03. Pursuant to the earlier direction of this Court, Mr. Ilyas Nazir,
learned Government Advocate, has obtained instructions and
submits that respondent No. 6 was permitted to extract soil only up
to 24.06.2026. He further submits that upon receipt of complaints
from the local inhabitants and the Irrigation Department regarding
damage to water pipelines of the Public Health Engineering (PHE)
Department, the respondents did not permit respondent No. 6 to
continue extraction or lifting of soil beyond 24.06.2026. It is
further submitted that respondent No. 6 has since been granted a
fresh permit for extraction of soil at different villages and is not
presently carrying out any extraction from the land in question.
04. Notice is waived by Mr. Ilyas Nazir, learned GA, on behalf of
respondents 1 to 5.
04. In view of the statement made by the learned GA that respondent
No. 6 has not been permitted to extract or lift soil pursuant to the
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
permit dated 18.06.2026 beyond 24.06.2026, nothing further
survives for adjudication in the present petition. Accordingly, the
petition is disposed of with a direction to the official respondents to
ensure proper monitoring and supervision of the site, assess and
take appropriate remedial measures in respect of any damage
caused to public infrastructure, including water supply pipelines, if
so required in accordance with law, and to ensure that respondent
No. 6 does not undertake any extraction or lifting of soil from the
subject land under the permit dated 18.06.2026.
06. Disposed of along with connected CM(s).
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
20.07.2026
“Mohammad Yasin Dar”
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
