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Regular List

Serial No. 18

IN THE HIGH COURT OF JAMMU & KASHMIR AND

LADAKH

AT JAMMU

WP(C) No. 1736/2023

Date of pronouncement : 24.12.2025

Uploaded on : 05.01.2026

Lt. Col. Yesh Paul Sharma (Retd.)

….Petitioner

Through:- Petitioner present in person

V/s

Union of India & Ors.

…..Respondents

Through:- Mrs. Monika Kohli, Sr. AAG with

Ms. Nazia Fazal, Assisting Counsel

Mr. Vishal Sharma, DSGI with

Mr. Sumant Sudan, Advocate.

\

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

JUDGMENT (ORAL)

01. Pursuant to the direction given by this Court in its

detailed order dated 14.11.2025, Mr. Israr Ahmed-

Collector Land Acquisition, Defence, Rajouri-Poonch

Headquarter at Rajouri, is present in person along

with the record related to the acquisition in reference.

02. The Collector Land Acquisition, Defence, Rajouri-

Poonch (Rajouri) by reference to the apportionment

statement of the land refers to the fact that the land

comprised in khasra No. 1656-(measuring 17.19

WP(C) No. 1736/2023 Page 1 of 8

kanals), 1670-(measuring 26.04 kanals) and 1658-

(measuring 19.17 kanals) coming under acquisition

was 64 kanals

03. Out of this 64 kanals of acquired land, the petitioner

No. 1- Badri Nath now deceased, along with his two

brothers namely, Tej Ram and Paras Ram are said to

be the owners of one and a half-(1‰) share i.e. 32

kanals and amongst themselves one-third (1/3^rd

share each that is 10.13 kanals, came in their share.

04. As per the apportionment statement, the

compensation for the individual share of Tej Ram was

received by his son Subash Chander and Som Dutt for

an amount of Rs. 15,70,133/-. The payment is said

to have been made vide cheque dated 20.02.2008

though the entry does not reflect the cheque number.

Likewise, the share amount of compensation was paid

to Paras Ram through cheque No. 731667 dated

03.02.2008

05. The aforesaid payment of shares of compensation

amount of Paras Ram and Tej Ram were received in

acknowledgement by Paras Ram, Subash Chander

and Som Dutt by subscribing their respective

signatures in the column of ‘Payee Signatures’ in the

Apportionment Statement.

WP(C) No. 1736/2023 Page 2 of 8

06. Payment of Rs. 15,70,133/- to Badri Nath-petitioner

No. 1 is said to have been advanced by cheque No.

731666 dated 03.02.2008 by having the signature of

the petitioner No. 1-Badri Nath in the column of

‘Payee Signatures’. There is no reference of the

receipt of compensation by the petitioner No. 1-Badri

Nath being under Protest.

07. The aforesaid payments to the petitioner No. 1-Badri

Nath, Tej Ram and Paras Ram was of 80 per cent

amount of compensation assessed for 32 kanals of

land as per their share-wise entitlement.

08. For the remainder 20% compensation share, the same

came to take place in favour of Subash Chander and

Som Dutt, two sons of Tej Ram on 01.08.2013 by

debit of Rs. 1,96,266/- each from revenue deposit

account No. 8443 to the respective account numbers

of said two persons maintained in the J&K Bank,

Rajouri.

09. Bank account of Mr. Subash Chander is 12881

whereas of Mr. Som Dutt is 12882

10. The payment of remainder of 20% compensation of

Rs. 3,92,533/- came to take place in favour of Paras

Ram by amount transferred to his bank account No.

10792

WP(C) No. 1736/2023 Page 3 of 8

11. With respect to the aforesaid payment of 20 per cent

compensation, Subash Chander and Som Dutt as well

as Paras Ram have duly appended their signatures in

the ‘Payee Signature’ column of the Apportionment

Statement.

12. The petitioner No. 1-Badri Nath did not volunteer

himself to approach the Collector Land Acquisition

concerned for seeking release of his 20% remainder

compensation amount of Rs. 3,92,533/-, as such, the

same remained lying with the Collector Land

Acquisition and the said situation is obtaining as on

date.

13. About the manner of filing of the writ petition, this

Court, in its order dated 02.07.2025, has already

adverted to the aforesaid aspect.

14. This Court, in its order dated 14.11.2025, has

expressly observed in para-12 that the petitioner No.

2-Lt. Col. Yesh Paul Sharma-(re