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2026 Supreme(Online)(J&K) 12

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
MR. RAJNESH OSWAL, J
Dr. Posh Charak and others – Appellant
Versus
U. T. of J&K and others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ajay Sharma, Sr. Adv., Mr. Navneed Naik, Adv., Mr. Arjun Bharti, Adv.
For the Respondents: Ms. Monika Kohli, Sr. AAG, Mr. Ravinder Gupta, AAG

JUDGMENT

1. The petitioners have filed this w rit petition for the grant of following reliefs:

Writ petition under Article 226 of the Constitution of India, for issuance of writ, order or direction in the nature of Mandamus commanding the respondent Nos'1 to 5 to provide the suitable alternative land measuring 41 Kanals and 02 Marlas to the petitioners in the same village Birpur, in lieu of their equivalent land of Khasra No 1651 of the village Birpur, District Samba.

WITH

Further Writ, order or direction in the nature of Mandamus commanding/directing the respondents 1 to 5 to vacate and restore the land measuring 41 kanals and 02 marlas falling under khasra No. 1651, situated at Birpur, Tehsil Bari-Brahmana, District Samba, Industrial Complex, and/or in the alternative, directing the respondent Nos. 1 to 5 to acquire the aforesaid land under law and pay compensation to the petitioners and proforma-respondent No. 6 according to the present market value, under Right to Fair Compensation and Transparency and Resettlement Act , 2013.

with

Further Writ, order or direction in the nature of Mandamus commanding/directing the respondents 1 to 5 to pay rental value of its unauthorized use and oc

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