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Kuldeep Raj – Appellant
Versus
State of J&K – Respondent
ORDER :
1. In the instant petition filed under Article 226 of the Constitution of India, the petitioners seek indulgence of this Court in granting them the following reliefs:
(b) With further Writ of Mandamus commanding the respondents to pay compensation to the petitioners being the village land holders/owners in “Shamlat Deh” falling under Khasra No. 635/605/580 measuring 900 Kanals situated at Village Sahar, Tehsil and District Kathua.
(c) With further Writ of Mandamus commanding the respondent No. 4 to complete the acquisition proceedings and settle the compensation as per the market rate in favour of the petitioners.”
2. The factual matrix of the instant petition as propounded by the petitioners is that they are village land holders/owners having t
Section 24 of the Act of 1976, provides for procedure for making record and sub-section 4 of Section 24 casts a duty upon the revenue officer to inquire into the correctness of all the entries in the....
Continuous possession alone does not establish ownership; the rights in land vested in State, and compensation is not a pre-condition for possession transfer.
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
The State cannot dispossess individuals of property without proper legal processes, affirming the entitlement to compensation for land occupied without due course of law.
The retrospective application of the Supreme Court's judgment in Jai Singh's case and the amendment to the 1961 Act in 2007, which inserted Section 5-B.
Extraordinary writ jurisdiction under Article 226 is discretionary and can be denied due to unreasonable delay in seeking relief.
The State must compensate landowners for land acquired for public use, as the right to property is a constitutional right that cannot be extinguished by delay or adverse possession.
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