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Serial No.05

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

OWP No. 853/2018

IA No. 1/2018

01. Abdul Aziz

S/O Shah Mohd.

R/O Kali Parani, Tehsil &

District Samba.

02. Latif Hussain

S/O Shah Mohd.

R/O Kali Parani Tehsil &

District Samba.

03. Mohd. Anice

S/O Shah Mohd.

R/O Kali Parani Tehsil &

District Samba.

04. Julekha Bibi

D/O Shah Mohd.

R/O Kali Parani Tehsil &

District Samba.

05. Tayerra Bano

D/O Shah Mohd.

R/O Kali Parani Tehsil & …..Petitioner(s)

District Samba.

06. Sarber-a- Jahan

D/O Shah Mohd.

R/O Kali Parani Tehsil &

District Samba.

Through: Mr. D.K. Khajuria, Advocate

Vs

01. State of Jammu & Kashmir

through its

Commissioner/Secretary,

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Forest Department Civil

Secretariat, Srinagar.

02. Chief Conservator of Forests,

Van Bhawan, Gulab Singh

Marg, Near Vivekanand Chowk,

Jammu.

03. Divisional Forest Officer,

Samba.

04. Divisional Forest Officer, Social

Forestry, Samba.

05. Range Officer, Social Forestry,

Samba.

06. Commissioner Secretary to

Government, Revenue

Department, J&K.

.…. Respondent(s)

07. Deputy Commissioner, Samba.

Through: Mr. Vishal Bharti, Dy. AG for R-1 to 5.

Ms. Nazia Fazal, Assisting Counsel vice

Mrs. Monika Kohli, Sr. AAG for R-6&7.

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

ORDER

(24.12.2025)

01. The petitioners herein are the successors-in-interest of one,

Shah Mohd., who had approached this Court with a writ

petition OWP No. 1104/1991 with a purported cause of

action that a parcel of land measuring one (1) kanal and

five (05) marlas, comprised of Khasra No. 161 min in village

Kali Parani, Tehsil Samba, had been taken away from him

by the Deputy Commissioner, Jammu as Tehsil Samba then

was falling within the jurisdiction of District Jammu, and

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handed over the said piece of land to the Deputy Director,

Navodya Vidyalya, New Delhi for the purpose of

construction of Navodhya Vidyalya School, hereupon. The

construction of School took place without compensating the

writ petitioner, Shah Mohd. and even without undertaking

any acquisition process.

02. Said writ petition OWP No. 1104/1991 was disposed of by

the writ Court by virtue of its order dated 28.08.1998 with a

direction to the three respondents therein, to take steps

either to acquire the land under the J&K Land Acquisition

Act, Samvat 1990, or to provide the petitioner Shah Mohd.,

alternate land in lieu of compensation. Needful was to be

done within a period of four months.

03. Said writ Court direction, in terms of order dated

28.08.1998, assumed finality with respect to which the

petitioner Shah Mohd. had filed a contempt petition

COA(OWP) 68/2006, in which a compliance report had

come to be submitted by the then Deputy Commissioner,

Samba as at that time Samba had become a District.

04. In the compliance report, the Deputy Commissioner, Samba

had come forward with averments that the compliance of

the writ Court order was taking place by a mode of

providing alternate land to the petitioner Shah Mohd. for

which purpose requisite exercise as mentioned in

compliance report stood referred to.

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05. At last, by virtue of an order No. DCS/SQ/856-57 dated

06.11.2008, passed by the Deputy Commissioner, Samba

through Additional Deputy Commissioner Samba, land

measuring two (02) kanals in Khasra No. 231 /192 min of

village Kali Parani, Tehsil and District Samba, was

transferred in favour of the petitioner Shah Mohd. in lieu of

his land measuring one (01) kanal and five (05) marlas in

khasra No. 161.

06. Thus, the petitioner Shah Mohd. came to be entered into

the possession and ownership of the land measuring two

(02) kanals in khasra No. 231/192 min.

07. Later on, the petitioner Shah Mohd. is said to have come in

conflict with the Forest Department officials in the matter of

peaceful enjoyment of his so transferred alternate land

resulting into institution of civil suit by the petitioner on file

No. 20/Civil Misc. on 23.10.2010 before the Court of Sub-

Judge, Samba against the State of J&K and its officials.

08. In the aforesaid backdrop of facts and circumstances, the

petitioner Shah Mohd. came forward with the i