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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL
Roshan Din – Appellant
Versus
UT of J&K – Respondent
ORDER :
1. In the instant petition filed under Article 226 of the Constitution of India, the petitioners seek the following reliefs:-
a. Writ of Mandamus, directing respondents 1 to 6 to pay monthly rent of Rs. 1,000/- per month per Kanal with interest @ 18% per annum from the date of forcibly occupation of the land of the petitioners measuring 19 Kanals and 10 Marlas bearing Khasra No. 632/257/4 situated at Village Kotla, Tehsil Pouni, District Reasi being used for School from January, 2000 till the date of actual physical possession of the land is handed over to the petitioners vacating the same or total payment of compensation at the present market rate is paid to the petitioners against the above said land.
b. Writ of Mandamus, directing the respondents no. 6 and 8 to demarcate the land of the petitioners and hand over the same to them.
c. Writ of Mandamus, directing the respondents to appoint at least one ward of the petitioners namely Amina D/0 Roshin Din as per promise made by the respondents no.6 and 8 in the presence of the than local MLA.
d. Writ of Mandamus, directing the respondents not to change the nature of the land, damage its land escape or raise any construction in any
The court ruled that disputed questions of fact cannot be resolved in writ jurisdiction, and petitioners failed to establish ownership of the land.
The court emphasized the necessity for due process in determining land settlement requests, particularly when a private school has operated on disputed land for decades, balancing community education....
The State has a constitutional duty to protect land rights, and unauthorized occupation by government entities is impermissible.
Unauthorized occupation on land earmarked for specific purposes cannot be legalized under relevant laws.
The court affirmed that eviction orders must comply with natural justice principles, ruling the eviction notice invalid as it lacked fair prior notice and disregarded existing proposals for land alie....
Possession without legal title does not confer rights against government ownership, and construction permits do not legalize encroachments.
The court upheld the public interest in maintaining playgrounds while allowing partial land transfer for a stadium, emphasizing the need for due process in property disputes.
Extraordinary writ jurisdiction under Article 226 is discretionary and can be denied due to unreasonable delay in seeking relief.
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