Serial No. 40 Regular List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Haji Raqeeb Khan & Ors.

…..Petitioners Through: Mr. Mazher Ali Khan, Advocate vice Mr. Abrar Ahmed Khan, Advocate Vs UT of J&K & Ors.

.….Respondents Through: Ms. Pallvi Sharma, Assisting Counsel to Mr. Ravinder Gupta, AAG Ms. Nazia Fazal, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG Mr. Mohd. Javid, Executive Engineer, PWD (R&B) Division, Mendhar, Poonch present in person.

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

ORDER

(12.12.2025)

01. The nine petitioners herein have come up with a common cause of action relatable to their purported claim that in the construction of 13 kilometers Harni-BG Road passing through Galhutta, tehsil Mendhar, district Poonch, their ownership land came to be appropriated as being the only alternate route for connecting the Mendhar Town to Jammu-Poonch National Highway.

02. The petitioners in para-6 of the writ petition have referred to their respective land which is said to have come under the course of the road track.

03. In this regard, reference is made to khasra numbers 557, 469, 411, 415, 584, 413, 465, 460, 418, 492 of village Galhutta, tehsil Mendhar for which the petitioners were never paid with any amount of compensation for acquisition of their respective land drawn from the aforesaid khasra numbers for earning which the petitioners came up with the present writ petition instituted on

19.03.2025

04. The construction of road in reference is said to have been carried out by the Department of PWD (R&B), Jammu and therefore, the respondents No. 1, 4 and 5 are relatable to the said Department as being the Commissioner Secretary PWD (R&B), Civil Secretariat, Jammu ; Chief Engineer, PWD (R&B), Jammu and the Executive Engineer, PWD (R&B), Poonch whereas the respondents No. 2 and 3 are on the revenue side relatable to the acquisition process.

05. Despite grant of repeated opportunities to come forward with filing of reply/response to the writ petition, the respondents, having failed to do the needful, came to suffer order dated 17.09.2025 passed by this Court closing their right to file reply, along with imposition of costs of Rs.

1000/-

06. This Court, in terms of an order dated 14.10.2025 came to direct the respondent No. 5-Executive Engineer, PWD (R&B), Poonch to remain present in person along with the record.

07. Today, Mr. Mohd. Javid, Executive Engineer, PWD (R&B)

Division Mendhar, Poonch is present along with the file which has been shared for its perusal with this Court wherefrom it is gatherable that Chief Engineer PWD (R&B) Department-Pir Panjal by virtue of a communication No. CEP/R&B/2024/4313-16 dated 15.03.2024 addressed to the Deputy Commissioner, Poonch forwarded an indent duly authenticated form for the land acquisition thereby requesting the exercise to be taken for acquisition relatable to Harni-BG Road.

08. At the end of the Deputy Commissioner, Poonch by virtue of a communication No. DCP/LA/1859-61 dated 06.04.2024, the Assistant Commissioner (Revenue), Poonch forwarded the matter to the Sub-Divisional Magistrate, (Collector Land Acquisition), Mendhar for initiating acquisition under “Right to Fair Compensation Transparency and Land Acquisition, Rehabilitation and Resettlement Act, 2013”

09. Acting in furtherance of said mandate, the Sub-Divisional Magistrate, (Collector Land Acquisition), Mendhar vide communication No. SDM/M/LA/PMGSY/32-33 dated 03.05.2025 addressed to the Executive Engineer, PWD (R&B), Division Mendhar, solicited “Social Impact Assessment Study”

10. As latest as on 10.10.2025 Sub-Divisional Magistrate, (Collector Land Acquisition), Mendhar has addressed to the Tehsildar, Mendhar communication No. SDM/LA/PMGSY/65-67 dated 10.10.2025 directing him to visit the spot along with the officials of Indenting Department and other members of the committee constituted for the purpose and furnish a report within fifteen (15) days.

11. It is in this backdrop that today Mr. Mohd. Javid, Executive Engineer,