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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Posh Charak – Appellant
Versus
U. T. of J&K – Respondent
| Table of Content |
|---|
| 1. petition for mandamus relief regarding land acquisition. (Para 1) |
| 2. petitioners' ownership and unlawful occupation of land. (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 3. respondents' claims of ownership and objections. (Para 9 , 10 , 11 , 12 , 14) |
| 4. demarcation findings regarding land possession. (Para 13 , 15) |
| 5. arguments regarding necessity of legal remedies. (Para 16 , 17 , 18) |
| 6. court's reasoning against laches and confirming legality. (Para 19 , 21 , 22 , 24 , 25 , 32) |
| 7. conclusive evidence of unauthorized possession. (Para 27 , 28 , 29 , 30) |
| 8. court's order for restoration or legal acquisition. (Para 33) |
JUDGMENT :
Rajnesh Oswal, J.
1. The petitioners have filed this w rit petition for the grant of following reliefs:
Writ petition under Article 226 of the Constitution of India, for issuance of writ, order or direction in the nature of Mandamus commanding the respondent Nos'1 to 5 to provide the suitable alternative land measuring 41 Kanals and 02 Marlas to the petitioners in the same village Birpur, in lieu of their equivalent land of Khasra No 1651 of the village Birpur, District Samba.
WITH
Further Writ, order or direction in the nature of Mandamus commanding/directing the re
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....
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 State cannot plead adverse possession in respect of the land of its citizens under its unauthorized occupation, and delay and latches cannot be used to deny compensation to the citizens deprived ....
State's unauthorized occupation of private property without acquisition violates Article 300A; unsubstantiated donation claims rejected; delay and laches no bar to compensation for continuing wrong. ....
The court held that delay does not negate the right to compensation for property unlawfully appropriated by the State, emphasizing the need for due process and just compensation under established law....
Extraordinary writ jurisdiction under Article 226 is discretionary and can be denied due to unreasonable delay in seeking relief.
State as welfare entity cannot claim adverse possession over private property; must acquire with compensation or return possession. Delay and laches rejected for continuing deprivation without due pr....
(1) State cannot shield itself behind ground of delay and laches in such a situation – There cannot be a limitation to doing justice.(2) Acquisition of land – Nobody can be deprived of liberty or pro....
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