The right to property is a constitutional right that cannot be denied without due process, and administrative circulars cannot override this right.

ORDER :

1. With consent of the learned counsel for the parties, the writ petition is taken up for final disposal.

2. In the present petition, the respondent Nos. 1, 5, 6 and 7 without acquiring and paying any compensation of the land to the petitioners, have utilized their land for construction of road from Galli to Dhurial via Panchal, in Panchayat Kanthi, Tehsil and District Ramban, detail whereof is given below:

3. It is urged by the petitioners that the respondents No. 1, 5, 6 and 7 be directed to place the indent for acquisition of land for construction of road from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District Ramban in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act/Rules (for short “the Act of 2013”). Further prayer has been made for directing the respondent Nos. 2, 3, 4, 8 and 9 to complete the process of acquisition of land and disbursement of compensation in terms of the Act of 2013.

4. The respondent Nos. 1, 5, 6 and 7 have filed the response stating therein that the DPR for the construction of link road from Galli to Dhuril via Pachal in Panchayat Kanthi, Tehsil and District Ramban (under NABARD RIDF XXVIII) was prepared on the persistent demand of public of area with agreed conditions that the land owners will provide land free from all encumbrances, which is pre-requisite condition for the sanction of road under NABARD as per the Circular No. 01 PW(R&B) of 2021 dated 12.04.2021 issued by the Director Finance, Public Works (R&B) Department. The road was sanctioned under NABARD RIDF- XXVIIII on 14.03.2023 for a length of 05.00 kilometres and accordingly the work was commenced on 14.11.2023.It is further stated that the petitioners agreed to provide the land free from all encumbrances and submitted a resolution to the office of Executive Engineer, PWD(R&B) Division Ramban duly signed by the locals of the area and DDC, Ramban including the petitioners. Further, the road stands completed up to RD km 4/600 against the length of 05.00 km. Further, no objection was received from any of the residents of the villages that they had any objection in providing the land free of cost and after the completion of the work, the petitioners have filed the present petition and as such, they are not entitled to any compensation. It is further averred that as per the Circular dated 12.04.2021, compensation in lieu of land can be considered in case 80% or above land of an individual is involved or house of family comes in the alignment of the road on case-to-case basis.

5. The respondent No. 2, 3, 4 and 8 have also filed the response stating there in that DPR of the road was framed on the persistent demand of the public of the area with agreed condition that the land owners will provide land free from all encumbrances which is pre-requisite condition for the sanction of “Gali to Dhuril via Pachal road” in Panchayat Kanthi, Tehsil and District Jammu under NABARD as per the Circular No. 01 P