Jammu & Kashmir High Court
Jagat Ram And Others vs P. Mukherjee And Others on 20 April, 2026
Sr. Nos. 6, 7 & 8
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM No. 2130/2026 In
CM No. 2131/2026
CM No. 2132/2026
CPOWP No. 48/2009
Jagat Ram and others .....Petitioner(s)
Through: Mr. R. K. S. Thakur, Advocate
Vs
P. Mukherjee and others ..... Respondent(s)
Through: Mr. Vishal Sharma, DSGI with
Mr. Eishaan Dadhichi, CGSC
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
20.04.2026
1. Mr. Vishal Sharma, learned DSGI, appears and accepts notice in all the
matters for the respondents.
2. Through the medium of the instant miscellaneous applications bearing
CM Nos. 2130/2026 and CM No. 2132/2026, the applicants namely, 1)
Tilak Raj aged 82 years S/o Late Sh. Ram Chand R/o Village Gordhi A/P
H. No. 131, Panjtirthi, Jammu, 2) Smt. Krishan Devi aged 86 years W/o
Late Sh. Om Parkash R/o village Gordhi A/P H. No. 131, Panjtirthi,
Jammu, 3) Sh. Nikhilesh Sharma aged 32 years S/o Late Sh. Sunil Sharma
R/o Village Gordhi A/P H. No. 132, Panjtirthi, Jammu, 4) Smt. Surju Devi
aged 75 years W/o Late Sh. Dewan Chand R/o Village Gordhi A/P
Kashirah Tehsil & District Udhampur, 5) Sh. Sathish Kumar aged 52
years W/o Late Sh. Dewan Chand R/o Village Gordhi A/P Kashirah Tehsil
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[
& District Udhampur, 6) Sh. Ranjeet Kumar aged 47 years S/O late Sh.
Late Sh. Dewan Chand R/o Village Gordhi A/P Kashirah Tehsil & District
Udhampur, seek the release of the compensation amounts to the extent of
their respective shares as per the apportionment/acquaintance rolls which
stands already deposited by the respondents with the Registry of this Court
as mentioned in the order dated 20.04.2012, passed by this Court while
disposing of contempt application No. 48/2009 arising out of the main
petition OWP No. 543/2007. The said deposited amount is supposed to be
lying with the Registry of this Court under fixed deposit as per the
aforesaid order dated 20.04.2012.
3. The grievance of the applicants/petitioners in the main petition bearing
OWP No. 543/2007 titled “Jagat Ram & Ors vs. Union of India & Ors.”
who include the present applicants or their predecessors was that a big
chunk of land measuring 1780 kanals and 9 marlas situated at Village
Priyan Gordi Sunthan & Thill of Tehsil and District Udhampur was
initially requisitioned under Defence of India Act, 1962 and subsequently
deemed to be requisitioned under the Provisions of J&K RAIP, Act, 1968
and rules 1969. That requisitional land was required for permanent use of
defence purposes for which necessary demand was placed by the indenting
department (Defence Estates) before the Deputy Commissioner Udhampur
for obtaining necessary “No Objection” from the State Government for
acquisition of the land. That the then State Government gave “No
Objection” to the acquisition of the requisitioned land in the year 1988.
That further action for completing the other requirements under the
provisions of the aforesaid Act and Rule was to be taken by the Defence
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[
Estates Department as well as by the Deputy Commissioner Udhampur.
However, acquisition proceedings could not take up immediately which
prompted the petitioners in the said petition to approach this Court for
redressal of their grievance. The said petition OWP No.543/2007 came to
be disposed of on the consensus of the learned counsel for the parties with
the direction to the respondents Nos. 1 to 4 to proceed in the matter without
any further delay and issue notification for acquisition of the land. The
exercise was directed to be done within a period of four weeks’, with the
direction to the respondent Nos. 5 and 6 to take necessary steps for release
of the amount of compensation due to the petitioners under the provisions
of the law within a further period of two months.
4. The acquisition proceedings are reported to be still under dispute through
the medium of a separate petition before the High Court.
5. It is submitted by the learned counsel for the present applicants/petitioners
that this Court vide order dated 20.04.2012 passed in the CPOWP
No. 48/2009 has given the liberty to the land owners to move motions for
the release of the compensation amount to the extent of their respective
shares that stands deposited in this Court as the agreed amount by the
Union of India.
6. It is submitted by the learned counsel that most of the land owners have
already approached this Court with motions for release of the compensation
amounts to the extent of their respective shares which have been released.
7. The learned Deputy Solicitor General of India submitted that the
appropriate orders may be passed in the matter.
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[
8. Through the medium of the application bearing CM No.2131/2026, the
applicants who happen to be the legal heirs of the deceased/ land owner/
Sh. Krishan Chand seek the correction in the acquaintance
roll/apportionment statement to the effect of assessing their respective
shares out of the compensation that stands deposited as the share of Late.
Sh. Krishan Chand.
9. Perused all the three applications which are supported with affidavits. Also
perused the record of the disposed of contempt petition bearing No.
48/2009 as well as of earlier disposed of petition bearing OWP No.
543/2007.
10. Applications are allowed and the learned Registrar Judicial is directed to
release the compensation amount in favour of the applicants in CM Nos.
2130/2026 and 2132/2026 after proper verification to the extent of their
shares as per the acquaintance roll/apportionment statement. In case any
applicants/petitioners claim the compensation as the legal heirs of the
deceased land owners his/their respective shares should be got verified by
getting the acquaintance roll corrected from the office of the Deputy
Commissioner, Udhampur. The compensation amount is directed to be
released under rules and against proper acknowledgment, along with the
proportionate share of interest.
11. The applications are disposed of.
(Mohd. Yousuf Wani)
Judge
Jammu
20.04.2026
Mahavir