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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL
Praba Devi W/O Chain Singh – Appellant
Versus
UT of J&K through Commissioner/Secretary, Department of Civil Sectretariat, Jammu – Respondent
JUDGMENT :
1. Petitioner through the medium of this petition, sought following reliefs:-
(i) Issuance of an appropriate writ, direction or order of the nature of Certiorari to quash order No. ISD/412- 15 dated: 28.1.2021 issued by respondent no.2 and 3 directing petitioner to remove the illegal encroachment alleged with respect to land measuring 80' X 15' comprising S.No.349 situated at village Machlian invoking powers under Section (2) of Section 157 of J&K Water Resources (Regulation 86 Management) Act 2010 being arbitrary discriminatory, without any enquiry, without any notice of show cause or opportunity of being heard in violation of principles of natural justice and fair play, against the revenue record and m contravention of provisions of J86 Water Resources (Regulation 86 Management) Act 2010 and rules made thereunder and in violation of Article 14, 19, 300-A & 21 of the Constitution.
(ii) Issuance of an appropriate writ, direction, or order of the nature of prohibition restraining the respondents from demolishing, damaging or causing any obstruction in the exercise of statutory rights of ownership and possession being exercised with respect to residential house constructed on
Encroachers on State land are not entitled to notice before demolition, emphasizing the need for maintaining public land integrity.
The requirement to act justly and fairly, and the need for adherence to principles of natural justice in administrative actions affecting civil consequences.
The urgency shown by the petitioners for filing the suit prior to the expiry of the notice period under Section 80(1) and 80(2) of CPC was valid, and the court erred in rejecting the application unde....
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