HIGH COURT OF JAMMU &h475 KASHMIR AND LADAKH AT JAMMU OWP No.135/2012 Reserved on: 05.12.2025 Pronounced on: 11.12.2025 Uploaded on : 11.12.2025 Manzoor Hus sain Sheikh S/o Abdul Hamid Sheikh, Aged 54 years R/o F-301, Wazarat Road, Jammu. ...Petitioner(s)

Through:-Mr. R. Koul, Advocate V/s

1. State of Jammu and Kashmir through Chief Secretary, Civil Secretariat, Jammu

2. Executive Engineer, Tawi Bridge-cum-Medical College Division, Jammu

3. Collector, Land Acquisition (PWD), Jammu.

...Respondent(s)

Through:- Mr. Ravinder Gupta, AAG Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

JUDGMENT

1. By way of this writ petition, the petitioner has invoked extraordinary writ jurisdiction of this Court vested under Article 226 of the Constitution of India, to direct the respondents to pay adequate compensation to the petitioner for acquisition of land as well as compensation for structure with further relief of allotment of suitable shop in Rehabilitation Complex, B.C.Road, Jammu. The petitioner has also prayed for a direction upon the respondents to pay interest to the petition on the delayed compensation payable to the petitioner.

FACTUAL MATRIX

2. The petitioner being in possession of land at khasra No.273, 274 B.C.

Road, Jammu since 1971, had constructed his residential house as well as commercial unit of Karyana/cloth merchant on the said land. Due to road widening and construction of fly-over, the structure of the petitioner came to be demolished by the respondents on the assurance of providing suitable site for rehabilitation and compensation. In this regard, the petitioner was asked to submit his application along with requisite amount of Rs.20,000/-. Ultimately, vide No.5456-59 dated 24^th March, 2005, respondent No.2 issued an allotment order in favour of the petitioner, thereby allotting shop No.B-46 floor having approximate plinth area of 37.80 sq mtr. The petitioner, it is contended, objected to the allotment of aforesaid shop on the ground that since the said shop is located at basement, it is not appropriate for the kind of business the petitioner is engaged in. Inaction of the respondents, constrained the petitioner to serve a legal notice dated 27^th May, 2011, calling upon the respondents, to pay suitable compensation for the land and also for allotment of suitable shop. Upon receipt of the legal notice, respondent No.3 sought a report from respondent No.2, however, nothing has been done by the respondents, which compelled the petitioner to approach this Court by way of instant petition.

3. Per contra, relief claimed by the petitioner has been opposed by filing objections. In the objections, it is stated that the writ petition suffers from delay and laches, because the structure in question was dismantled in the year 1995 and the writ petition has been filed in the year 2012 i.e.

after about seventeen years without any justifiable explanation. It is stated that the land over which the petitioner was running his business, was a state land measuring 389 sft comprising at khasra No.274 min. The stand of the respondents is that a letter of allotment was issued to the petitioner on 24.03.2005, by the then Executive Engineer PWD(R&B) Tawi Bridge Cum Medical College Division, Jammu for which the petitioner has deposited only Rs.20,000/- till date, whereas he was required to deposit further amount of Rs.55,600/- within one month from the date of issuance of allotment letter and Rs.75,600/- within one month from the allotment. However, the petitioner did not deposit the balance amount and as per the Clause (3) of the Allotment Letter dated 24.03.2005, in case of delay in payment, interest @ 18% per annum shall be chargeable. The terms and conditions of allotment read thus:-

“1. The shop shall be allotted on lease hold basis for a period of Forty years w.e.f. the date of handing over possession and the lessee shall be bound to pay Rs. Thirty only (Rs.30) per month/ per sq. mtrs of plinth area allotted for maintenance of the same. There