Balvir Singh vs State of J&K - 2020 Supreme(J&K) 245

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(J&K) 245

Balvir Singh – Appellant
Versus
State of J&K – Respondent

Advocates Appeared:
For the Petitioner(s): None
For the Respondent(s):Mr. Jatinder Choudhary, Advocate for NHAI

Order

Rajesh Bindal, J.—This order will dispose of two writ petitions bearing OWP Nos. 2327 and 2331/2018, as common issues of law and facts are involved.

2. The facts are being taken from OWP No. 2327/2018. The petitioner had approached this Court praying for the following reliefs :

“(i) Writ of Mandamus, directing the respondents not to forcibly demolish the structure/house of the petitioner or encroach upon the land of the petitioner without acquiring the land of the petitioner and paying compensation under law.

(ii) Writ of Prohibition; for bearing the respondents from forcibly occupying or trespassing or taking over the property of the petitioner situated at Village Chak Avtara, Bisnah without following due procedure under Land Acquisition Act or any other law and issuing prior notice to petitioner and following procedure as envisaged under law.”

3. As is evident from the pleadings in the instant writ petition, the issue sought to be raised by the petitioner was that he is owner of a piece of plot measuring 11 marlas, where he had constructed his house. The petitioner in OWP No. 2331 of 2018 is owner of a plot measuring 10 marlas, where he claims to have laid plinths for const