The fundamental right to property cannot be disregarded, and citizens cannot be divested of their land without due process, even if there is a delay in approaching the court.

JUDGMENT :

1. The petitioners have sought a direction upon the respondents to acquire the land, which according to the petitioners, is owned by them, but has been taken over and utilised by the respondents without following the procedure prescribed under law and to pay compensation to them. An alternative prayer has been made by the petitioners that their land taken over by the respondents be returned to them.

2. As per case of the petitioners, land measuring 01 kanal 05 marlas and 03 kanals and 11 marlas in khasra No. 167/75 min situated at Qasba Bala, Tehsil Nowshera, District Rajouri is in occupation of Jal Shakti Vibagh, PHE Division, Nowsherea. Similarly, land measuring 2 marlas in khasra No. 76 in the same village is also is in occupation of Jal Shakti Vibagh, PHE Vibhag, Division, Nowshera. It has been further submitted that the land measuring 4 kanals in khasra No. 167/74 min situated in the same village is in the occupation of JPCDL (PDD) Division Nowshera. It has been further submitted that land measuring 5 marlas in the aforesaid khasra number is also in occupation of the Municipal Committee, Nowshera and public bathrooms have been constructed on the said land in the year, 2021.

3. According to the petitioners, the aforementioned land is duly reflected under the ownership of the petitioners in the revenue record and is shown in the occupation of the respondents. It has been further submitted that the land in question is in occupation of the respondents since the year 1963 regularly and continuously and the same has been taken over by the respondents forcibly and illegally without adopting due course of law and without paying any compensation to the petitioners. According to the petitioners, they have become owners of the aforesaid land(s) upon demise of their predecessor-in-interest, Sh. Maalik Ram and in this regard mutation of inheritance stands attested in favour of the petitioners on 02.07.2013. The petitioners contend that they had approached the respondents a number of times for vacation of the land in question and in the alternative for payment of compensation but without any success. Hence the present writ petition.

4. Replies on behalf of respondent No. 7-Executive Engineer PWD, R&B Division Nowshera and respondent No. 6 Executive Engineer, Electric Division, Rajouri as also on behalf of Deputy Commissioner Rajouri stand filed.

5. According to reply by PDD/JPDCL, the land in question belongs to the said department and that the department is in its possession from the year, 1962. It has been submitted that they have constructed the office of the Assistant Executive Engineer, Sub Division, Nowshera, which is operational over there. It has been further submitted that as per khasra girdhawari, 4 kanals of land in khasra No. 167/75 is reflected in the name of Electric Department and it is also recorded that the land has been purchased by the Department. According to the respondent-Electric Department, the entries in the revenue record in favour of the petitioners are fraudulent in nature.

6. Respondent-Executive Engineer, PWD Division, Nowshera has claimed in his reply that if any land is coming under the alignment of the road passing through the town, the same is borne on the Border Roads Organization Gazette and and with the Public Works Department and that any other property in the Nowshera town shown as property of Public Works Department is under the possession of Municipal Committee, Nowshera.

7. The Deputy Commissioner, in his reply to the writ petition, has submitted that the land measuring 04 kanals in khasra No. 167/75 has been entered in the revenue record of khasra girdhawari of 1962 as ‘bhabaza kharid kiya jana’ which means that it is in the possession of the PDD due to purchase of land. It has been further submitted that the land measuring 6 marlas in khasra No. 74 is recorded in possession of Public Works Department since the year 1959, whereas land measuring 3 kanals 11 marlas in khasra No. 167/75 is re