##PAGE1##

HIGH COURT OF JAMMU & h475 KASHMIR AND LADAKH

AT JAMMU

OWP No. 518/2018 c/w

OWP No. 298/2018

OWP No. 516/2018

OWP No. 517/2018

CPOWP No. 54/2018

Reserved on: 18.12.2025

Pronounced on: 29.12.2025

Uploaded on: 29.12.2025

Lt. Col. Daljit Singh Dogra

...Petitioner(s)

Through:- Mr. Sunil Sethi, Sr. Advocate with

Mr Rahil Raja, Advocate

Mr Ankesh Chandel, Advocate

v.

State of J&K and others

...Respondent(s)

Through:- Ms. Chetna Manhas, Assisting Counsel to

Mrs. Monika Kiohli Sr. AAG

Mr. Suneel Sethi, GA

Mr. Atul Verma, Advocate

Coram:

HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

OWP No. 518/2018

1. By the present petition, the petitioner is challenging the Government

Order No. 50-HUD of 2018 dated 16.02.2018, hereinafter for short to be

referred as impugned order, issued by the respondent no. 1,

Commissioner-cum-Secretary, Department of Housing and Urban

Development, Civil Secretariat, Jammu, whereby, allotment of land

made in favour of petitioner measuring 1 kanal under khasra No. 37 of

Village Rakh Bhau, Tehsil Bahu (Jammu), has been cancelled ab-initio

2

and the Vice Chairman, Jammu Development Authority has been

advised to assess and make just compensation to the allottee in lieu of

the allotment of land measuring 1 kanal in compliance to the judgment

dated 17.11.1999 passed in LPA No. 16/89, and to ensure that all the

land in the said/ same khasra No., be identified, mapped and retrieved

from the encroachers.

OWP No. 517/2018

2. In this petition also the same order of ‘cancellation of allotment’ that

has been questioned in OWP no. 518/2018 is under challenge on the

similar grounds, however, the petitioner in the instant petition claims to

be a purchaser of 12 marlas of out of one kanal allotted land to Lt. Col.

Daljit Singh Dogra.

OWP No. 298/2018

3. In this petition the petitioner seeks removal of encroachment from one

kanal of land in khasra No. 37 at Rakh Bhau which has been allotted to

him vide Government Order No. 134-HUD of 2016 dated 06.04.2016

read with corrigendum under endorsement No. HUD/LIT/485/2015-

JDA dated 17.10.2017 in implementation of Order dated 17.12.2015

passed in contempt petition No. 128/2000 and direct the respondents not

to interfere with the possession of the petitioner over the said allotted

piece of land.

OWP No. 516/2018

3

4. In this petition also the same order of ‘cancellation of allotment’ that

has been questioned in OWP nos. 517/2018 & 518/2018 is under

challenge on the similar grounds, however, the petitioner, Kuldeep

Singh, in the instant petition, claims to be a purchaser of 8 marlas out of

one kanal allotted land to Lt. Col. Daljit Singh Dogra.

CPOWP No. 54/2018 in OWP no. 298/2018

5. By this contempt petition, the petitioner is seeking action against the

respondents for willful disobedience of order dated 16.02.2018 passed

in OWP no. 298/2018, whereby, the parties have been restrained from

raising any construction on the land-subject matter of the writ petition

and status of the petitioner had been directed to be maintained. The

Senior Superintendent of Police had been directed, by the said order, to

ensure implementation of the instant order and the one passed in OWP

No. 2022/2017.

6. Since the issue raised in all the petitions is same, therefore, these are

taken up for final disposal together.

BRIEF FACTS

7. The petitioner is stated to be the son of Major Anchal Singh who owned

6 kanals & 1 marla of land at Ahata Haweli Begum, which was taken

over by the State Authorities on the orders of the then Monarch Sh.

Maharaja Hari Singh for its inclusion in his Palace at Ram Nagar,

Jammu, however, no compensation in lieu thereof has been paid to the

4

said landlord prompting him to address a representation before the

concerned authorities pursuant to which the then Deputy Revenue

Minister on 18.01.1954 decided to provide land in exchange of the

acquired land and cash compensation for the structure.

8. The said directive of the Deputy Revenue Minister was not

implemented, constraining the aggrieved to file a writ petition, bearing

No