Serial No. 10 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Mumtaz Ahmed …..Petitioner(s)

Through: Mr. Rakesh Chargotra, Sr. Advocate with Mr. Aryan Bhushan, Advocate.

Vs UT of J&K & Ors. .….Respondent(s)

Through: Ms. Mrinal Charak, Advocate vice Mrs. Monika Kohli, Sr. AAG Mr. Pawan Kumar Hans, Advocate.

CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

(18.11.2025

01. The National Highways Act, 1956 comes up with a mechanism for land acquisition and assessment of compensation in connection with acquisition of land which is meant to be appropriated for the purposes of National Highway construction/widening/improvement for which purpose under the National Highways Act, 1956, the Deputy Commissioner, Poonch is a competent authority for land acquisition in said district.

02. As being the competent authority, the Deputy Commissioner, Poonch came forward with an award No. DCP/LA/3193-96 dated 03.06.2024 in connection with development and widening of the National Highway 144-A from Akhnoor to Poonch undertaken by the Ministry of Road Transport and Highways, Government of India.

03. In the aforesaid award dated 03.06.2024, the acquisition of the proprietary land as well as non-proprietary land (Government Land) came to be separately assessed by reference to owners and occupants thereof.

04. Khasra No. 2680 of village Shehar Khaas, tehsil Havelli came to be mentioned in Table No. 2 relatable to Government Land at serial No. 13 to 17 wherein at serial No. 17, the petitioner’s name has come to be referred as occupants/interested persons on account of the fact that house structure/shops was found to be obtaining at the site of khasra No. 2680 min on 0.0033 hectares of land.

05. The assessment of the compensation for the structure acquired related to the petitioner came to be carried out on the basis of the Assistant Engineer, PWD (R&B), Sub Division, Poonch’s calculation wherein the total costs of house structure came to be mentioned at Rs. 36,77,862 with depreciation of amount of Rs. 1,83,890/- arriving at net amount of Rs. 34,93,968/- but then the total amount which came to be reflected for the structure acquired as compensation payable is Rs. 22,53,608/-.

06. The petitioner came to be paid amount of Rs. 20,28,247/-

which is an admitted fact leaving the petitioner aggrieved that the full amount of assessed compensation for the structure acquired and demolished in the process has not been paid and that grievance is coming forth from the manner in which the computation of the compensation has been done by the Assistant Engineer, PWD (R&B), Sub Division, Poonch.

07. In this case, this Court, in terms of an order dated 18.10.2025, came to put the respondents to notice which was accepted on behalf of all the respondents as named in the writ petition.

08. However, this Court reckoned that it is more for the respondent No. 2-Deputy Commissioner, Poonch as being the competent authority to come and show as to how individual structure wise compensation has been assessed to be payable to the individuals concerned, therefore, for the time being, let the reply to the writ petition come forth only from the respondent No. 2.

09. Ms. Mrinal Charak, Assisting Counsel to Mrs. Monika Kohli, learned Sr. AAG is directed to come forward with the basis on which the assessment of the house structure of the petitioner by reference to khasra No. 2680 min came to be made for payment of Rs. 20,28,247/- to the petitioner.

10. Let the requisite affidavit to this aspect be submitted from the end of the respondent No. 2.

11. List on 30.12.2025.

12. A copy of this order be forwarded to Ms. Mrinal Charak, Assisting Counsel to Mrs. Monika Kohli, learned Sr. AAG for notice and compliance.

(RAHUL BHARTI JUDGE JAMMU

18.11.2025 Shivalee