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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MOKSHA KHAJURIA KAZMI
Atiqa Begum – Appellant
Versus
UT of J&K – Respondent
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 applicati
Point of Law : It is a settled principle of interpretation of statute that the provisions of any statute are to be interpreted to give effect to each of them to the extent possible without giving any....
(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....
The Competent Authority under the National Highways Act lacks jurisdiction to resolve disputes regarding the apportionment of compensation, necessitating referral to the Principal Civil Court when su....
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 apportion compensation and must refer such disputes to the Principal Civil Court.
The competent authority under the National Highways Act lacks jurisdiction to decide apportionment disputes, which must be referred to the Principal Civil Court.
Disputes regarding compensation apportionment for land acquisition must be resolved by the Principal Civil Court, not through writ jurisdiction, when an alternative remedy exists.
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
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