IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Shrivallabh Datt – Appellant
Versus
UT of J&K – Respondent
ORDER :
1. The petitioner herein has filed the instant petition under Article 226 of the Constitution for seeking the following reliefs:-
“a. To command and direct the respondents to handover the land measuring 103 kanal 15 marlas falling in khasra no. 367 and land measuring 48 kanal 15 marlas falling in khasra no. 369 in village Pouni Chak Wand Waziran Tehsil Jammu to the petitioner, by issuance of writ of mandamus.
b. In the alternative command and direct the respondents to pay the compensation to the petitioner for deemed acquisition of the aforesaid land of the petitioner at the prevailing market rate, by issuance of writ of mandamus.
c. To pay the rent to the petitioner for the utilization of the aforesaid land of the petitioner from 1962 till it is retrieved under the provisions of SRO 239 and section 81 of the land Acquisition Rules by issuance of writ of mandamus.”
2. The facts under the shade and cover of which the aforesaid reliefs have been prayed and as are stated in the petition, are that the father of the petitioner namely, Sh. Bhanu Dutt Sharma owned two parcels of land measuring 152 Kanals 10 Marlas, (being land measuring 103 Kanals 15 Marlas and land measuring 48 Kanals
Extraordinary writ jurisdiction under Article 226 is discretionary and can be denied due to unreasonable delay in seeking relief.
Where the deprivation of property without sanction of law is admitted and clearly established, there is no difficulty in applying above principle and, as such, a petition for compensation cannot be d....
The lawful possession of land cannot be violated by the State without due process; failure to acquire legally results in trespass, warranting restoration or formal acquisition proceedings under const....
Land Acquisition and Requisition – Right of compensation - Where right of compensation of petitioner/appellant is dependent upon proof of his title/ownership as well as on fact that whether land was ....
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 court ruled that inordinate delay and lack of diligence by petitioners preclude the exercise of extraordinary jurisdiction under Article 226 of the Constitution in land acquisition matters.
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....
Delay in asserting rights under land ceiling regulation impacts maintainability of writ petitions; the court dismisses claims due to laches but permits civil recourse.
Timely objection is essential in ceiling proceedings; long delay in seeking judicial intervention leads to barring of relief due to laches, irrespective of alleged possession.
[The court established that disputes regarding land rights, especially those involving allegations of forgery and conflicting claims, must be resolved in civil courts rather than through writ petitio....
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