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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SINDHU SHARMA, SHAHZAD AZEEM
Abdul Aziz Bhat – Appellant
Versus
UT of J&K – Respondent
| Table of Content |
|---|
| 1. appeal challenges writ order directing full compensation payment (Para 1 , 2) |
| 2. joint unpartitioned land; pending partition suit and apportionment reference (Para 3 , 4 , 5) |
| 3. writ petitioner failed to disclose pending disputes (Para 6 , 7) |
| 4. refer apportionment disputes to civil court under section 3h(4); writ court avoids title decisions (Para 8 , 9 , 10 , 11 , 12) |
| 5. set aside order; deposit compensation pending civil resolution (Para 13 , 14) |
JUDGMENT :
SHAHZAD AZEEM, J.
1. The appellants have preferred the present Letters Patent Appeal being aggrieved of the order dated 11.03.2025 passed by the learned Single Judge in WP(C) No. 504/2025 titled “Abdul Ahad Bhat v. Union Territory of J&K and others”, whereby the writ petition filed by the private respondent was disposed of with a direction to the official respondents, particularly respondent No. 3–Collector Land Acquisition, Baramulla (Additional Deputy Commissioner), to ensure payment of compensation as per the award to the petitioner therein within a period of eight weeks, failing which, the same was to be payable at the rate of 6% per annum.
2. The case of the writ petitioner (private respondent herein) before t
In disputed land acquisition compensation apportionment, competent authority must refer to Principal Civil Court under National Highways Act Section 3H(4) and withhold payment; writ court cannot dire....
The main legal principle established in the judgment is that disputes regarding apportionment of compensation under the National Highways Act should be referred to the principal civil court of origin....
The competent authority under the National Highways Act lacks jurisdiction to decide apportionment disputes, which must be referred to the Principal Civil Court.
The competent authority under the National Highways Act lacks jurisdiction to apportion compensation and must refer such disputes to the Principal Civil Court.
The main legal point established is that the dispute over the apportionment of compensation for land acquired under the National Highways Act falls under the jurisdiction of the court in accordance w....
Civil Law – Land Issue - Award in lieu of acquisition of land was passed by respondent No.1 - Respondent No.1 either in favour of appellant or respondent No.2. It goes without saying that respondent ....
(1) Acquisition of land – If any dispute arises as to apportionment of amount or any part thereof or to any person to whom same or any part thereof is payable, then, competent authority shall refer d....
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