HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Talat Kouser & Ors.

…..Petitioner(s)

Through: Mr. P. N. Raina, Sr. Advocate with

Mr. J. A. Hamal, Advocate.

Vs

UT of J&K & Ors. .….Respondent(s)

Through: Mr. Ravinder Gupta, AAG for R-1 & 4.

Mr. Sandeep Gupta, CGSC for R-3.

Mrs. Monika Kohli, Sr. AAG for R-2.

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

JUDGMENT

1. The institution of this writ petition came to take place on 09.02.2021 whereby four petitioners all being sons of late Sh. Ghulam Rasool Hamal came forward seeking writ of mandamus to the following

effect:

“Mandamus commanding respondents to pay an amount of Rs. 8,97,000/- alongwith interest in terms of section 35 of the State Land Acquisition Act, to the petitioners, which they have been found entitled to in final award dated 08.09.2014 passed by respondent 02 for acquisition of their land measuring 01 kanal and 04 marlas in Khasra No. 5339/5332/4214, for widening of National Highway from Hasti (Bazdar Basti) to Malipeth,

Village Kishtwar, Tehsil & District Kishtwar and which they have not been paid till date.”

2. The cause of action for the petitioners to come forward with the present writ petition is relatable to land acquisition a