Disposed

Dharam Chand v. State Th.R.D.D.and Ors.

J&K HC2 Dec 2023OWP/485/2017

Case brief

AI extract

What is this about?

The High Court of Jammu & Kashmir disposed of a writ petition concerning a dispute over land encroachment for a public pathway. The court directed officials not to use public funds for pathway development until acquiring the requisite land and paying compensation.

What did the court decide?

Directing official respondents not to develop the said pathway using public funds until they acquire the requisite land and pay compensation.

Dharam Chand Vs State Th.R.D.D.and Ors. — Land Acquisition | J&K HC (2023)

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Serial No. 03

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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Case:CPOWP No. 75/2018 in OWP No. 485/2017 c/w OWP No. 485/2017 CM No. 3482/2019 IA No. 1/2017

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Dharam Chand …..Appellant(s)/Petitioner(s)

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Through: Mr. Dheeraj Nanda, Advocate.

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Mohit Raina, Tehsildar Katra and others

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.…. Respondent(s)

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Through: Mrs. Monika Kohli, Sr. AAG Mr. Dewakar Sharma, Dy. AG Mr. S. S. Nanda, Sr. AAG.

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Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

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OWP No. 485/2017

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ORDER (02.12.2023)

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1. Heard learned counsel for the petitioner as well as the respondents.

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2. This writ petition warrants disposal at this very stage and as it serves

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no purpose to keep it on the docket of this Court given the nature of the issue involved.

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3. The petitioner is an admittedly the owner of a land comprised in khasra nos. 218 and 219 situated in village Chak Bhagta, tehsil Katra, district Reasi.

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4. On account of an activity undertaken purportedly at the end of the district level officials for the purpose of carving out a passage, the petitioner reckoned a portion of his land being usurped in the exercise and failing to see that the official respondents are not honoring the petitioner’s proprietary status

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2 CPOWP No. 75/2018 c/w OWP No. 485/2017

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qua the land in the aforesaid two khasra numbers, the petitioner came forward

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with the present writ petition for the sake of claiming the relief which is reproduced as under:

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(i) “Issue Writ of Prohibition or appropriate order or direction retraining the respondents from interfering into the peaceful use and possession of the petitioner’s land measuring 05 kanal 17 marlas comprising in Khewat No. 60, Khata No. 151, Khasra No. 219 of village Chak Bhagta, Tehsil Katra, District Reasi and further not to proceed with construction of any lane through the said land of the petitioner.

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(ii) Issue Writ of Mandamus or appropriate order or direction directing the Proforma respondent (the concerned Police Station) to take necessary steps to protect the rightful possession of the petitioner in respect of his land comprising in khasra No. 219 of village Chak Bhagta.

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(iii) Pass such further writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case, in favour of the petitioner and against the respondents.”

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5. The official respondents, in particular, respondent no. 4 i.e. Tehsildar Katra has submitted the response/reply to the writ petition in which it is being stated that there is a common pathway measuring 9 feet which runs between khasra nos. 218 and 219 situated in village Chak Bhagta, tehsil Katra, district Reasi.

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6. If that is the case then whether the said common pathway can be converted into a pucca road by the spending of the public funds without acquiring the private property is an issue in the context of which this writ

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3 CPOWP No. 75/2018 c/w OWP No. 485/2017

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petition deserves disposal that in case if the very said common pathway is meant to be converted into a proper public pathway to be maintained by the funds from the public exchequer/government exchequer, then in that eventuality, the concerned official respondents first undertake an exercise for acquisition of the requisite amount of the land from the petitioner’s proprietary land and pay the compensation and thereafter develop the said common pathway and into a public pathway/passage.

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7. This writ petition is, accordingly, disposed of that till that exercise is done, the official respondents shall in no manner carry out any act of development of the said pathway at the expense of the public funds without first having acquired the requisite land for undertaking any such exercise qua the land of the petitioner in said khasra nos. 218 and 219 situated in village Chak Bhagta, tehsil Katra, district Reasi.

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8. This writ petition, is accordingly, disposed of.

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CPOWP No. 75/2018

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9. In light of the order passed in the main writ petition OWP no. 485/2017, this contempt petition is also disposed of.

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(RAHUL BHARTI) JUDGE

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JAMMU 02.12.2023

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Shivalee

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Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No

Dharam Chand v. State Th.R.D.D.and Ors.

Case brief

What is this about?

What did the court decide?

Dharam Chand v. State Th.R.D.D.and Ors.

Case brief

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What did the court decide?

What the court decided

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