Sr. No. 01 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Case No.:-CM No. 6418/2025 in WP(C) No. 3395/2023 Reserved on: 15.10.2025 Pronounced on: 13.11.2025 Uploaded on: 13.11.2025 Whether theoperativepart or fulljudgment is pronounced?

Ali Mohammad Mir and ors.

….Petitioner(s)

Through:- Mr. Hakim Suhail Ishtiaq, Advocate.

V/s UT of J&K and ors. ….Respondent(s)

Through:- Mr. Mohsin Qadri, Sr. AAG.

CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

JUDGMENT

CM No. 6418/2025

1. The petitioners/applicants herein have filed the instant application, seeking clarification of the judgment and order dated 25.04.2025 passed by this Court in WP(C) No. 3395/2023 clubbed with WP(C) No. 1255/2023.

FACTS (i) The brief facts leading to the filing of the instant application emerging from the record are that the petitioners/applicants herein claim to be the lineal descendants of the erstwhile estate holders of village Pandrethen, whose land measuring 308 Kanals and 09 Marlas was acquired by the then Government in the year 1924 for establishment of the New Cantonment at Sonawar, Srinagar and in respect whereof, the final award dated 24.12.1924 came to be passed, envisaging therein that the land losers would be compensated by way of allotment of 248 kanals and 06 Marlas of land in exchange at Village Patti Wethpora.

(ii) The petitioners’/applicants’ case in WP(C) No. 3395/2023 (supra)

is that despite the passing of the award dated 24.12.1924, neither full compensation was paid to the land losers nor were they or their ancestors ever put in physical possession of the exchange land at village Patti Wethpora and that though from time to time, both revenue and Defence Authorities acknowledged the allotment of land in exchange, yet the said process was never taken to its logical conclusion, despite several communications from 1987 onwards, as also various reports of the revenue officers in this regard confirmed that no compensation was paid to the land losers except for 60 Kanals of land @ ₹10 per Kanal and that 248 Kanals and 06 Marlas of the land stood earmarked, to be provided to the land losers of village Pandrethen.

(iii) It is relevant to mention here that similarly situated land losers of Batwara area and village Pandrethen had earlier approached this Court by way of OWP No. 272/2003, which was disposed of on 15.07.2013, directing the Deputy Commissioner, Srinagar to consider the grievance of the petitioners therein.

(iv) It is also pertinent to mention here that subsequently some alleged tenants of land at village Wethpora filed WP(C) No. 250/2021 before this Court, in which while disposing of the same, this Court vide judgment and order dated 14.07.2022, directed the Deputy Commissioner, Srinagar to identify the rightful claimants, confer the ownership rights upon them qua the land in question and also ensure delivery of possession thereof along with attestation of necessary mutations, whereafter, however, the petitioners/applicants herein challenged the consequential Order bearing No. DCS/ARA(1204)2023-73-75 dated 11.04.2023 passed by the Deputy Commissioner in WP(C) No. 3395/2023, whereby the claim of the land holders came to be rejected by invoking Rule 24-A of the Land Acquisition Rules and limitation on the ground that the said rejection was inconsistent with the directions passed by this Court in the judgment dated 14.07.2022 and is based on extraneous considerations.

2. This Court after hearing the parties, disposed of the said writ petition along with WP(C) No. 1255/2023, which had been filed by those alleged tenants of village Wethpora, who had earlier filed WP(C) No. 250/2021 in terms of the judgment and order dated

25.04.2025, the operative portion whereof reads as under:-

(i) The impugned Order No. DCS/ARA(1204) 2023-73-75 dated 11th of April 2023 passed by the Deputy Commissioner Srinagar is hereby quashed, along with the report of the Committee upon which the impugned order is based upon.

(ii) The Divisional Commissioner, Kashmir shall u