JUDGMENT :

MOKSHA KHAJURIA KAZMI, J.

“There are two lasting bequests parents normally want to provide to their children with, one of these is roots and other is wings”- unknown.

1. In this case father’s final act of love depicts that he bestowed his minor unmarried daughter with “roots” so as to stand on her feet and the elder married daughter with “wings” to build her own kingdom. Deceased father ensured to secure the future of the one who needed the most at the relevant point of time, providing stability to his unmarried daughter, while trusting his happily married daughter to thrive in life, built up her life with her husband and family. Sisters remained happily throughout the life span of elder sister but now children of elder sister are claiming their right in the compensation of the land which has been acquired by National Highway Authority.

2. Since the subject matter in the writ petitions is similar on facts and law, therefore, both are taken up together for disposal by this common Judgment and order.

3. These petitions have been preferred by petitioners, thereby challenging order passed by Respondent no.2, District Collector, Baramulla dated 11-03- 2025, whereby their application seeking reference under section 3H (4) of National Highway Act, 1956 has been rejected. The petitioners had claimed their entitlement to compensation in lieu of land which has been acquired for widening of Baramulla-Kupwara National Highway Road under Survey No.92-B and Survey No.233 at Estate, Delina.

Factual Matrix:

1. The father of petitioners’ mother Mst. Malla Begum (dead) and Respondent no.5, was owner in possession of land measuring in all 40 Kanals 70 Marlas falling under Survey no. 45, 60, 62, 63, 214, 298, 300, 390 and 518, situated at Moza Delina, and upon his death, the said property had devolved upon his legal heirs that is mother of the said petitioners and Respondent no.5. The pedigree table of the parties is given as under:-

2. The petitioners are legal heirs of Mst. Malla Begum and after the demise of the estate holder, Abdul Ahad Ganai, as per Law of Inheritance under Muslim Personal Law his whole estate had to be devolved upon his wife Mst. Farzi Begum and two daughters, namely Mst. Malla Begum and Mst. Sarah Begum, (Respondent no.5).

3. It is stated that petitioners had no knowledge about the fact that Respondent no.5, in league with Respondent Tehsildar, had illegally mutated the entire land of the then estate holder to the exclusion of the mother of the petitioners. They came to know about it only when the land in question was required by the authorities for construction/strengthening/widening of two lane project from Rafiabad- Kupwara (NH 701) estate Delina. On further enquiry, it was found that as per revenue record, Mutation no.1066 (Bikrami) has been attested in favour of Respondent no. 5, Showing her as an exclusive owner of the land in question. The entry has been carried forward in subsequent Jamabandi and revenue extracts.

4. The petitioners allege that the mutation has been fraudulently obtained by respondent No. 5, neither their deceased mother Mst. Malla Begum nor were they ever associated with the mutation proceedings. The petitioners herein filed an appeal along with an application, seeking condonation of delay under J&K Agrarian Reforms Act, therein, assailing the mutation no.1066, dated 21-11-2011 (Bikrami) attested by the then Tehsildar, exclusively in favour of respondent no.5. Simultaneously, petitioners also filed a suit before the Court of learned District Judge, Baramulla, seeking therein, inter alia, declaration from the court that the property described shall be declared as joint undivided and un-partitioned property of the petitioners and respondent no.5. The suit in question, instituted by the petitioners, is for the entire parcel of land, measuring 40 Kanals 70 Marlas out of which only approximately 6 Kanals have been acquired by the authority for construction of the road. Apart from this, an application