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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No: MA No. 134/2014 Reserved on: 15.09.2026 Pronounced on: 07.10.2026 Uploaded on: 07.10.2026 Raj Sharma (Bharti)

…Petitioner(s)/Appellant(s)

Through: Ms. Zoya Bhardwaj, Advocate Vs.

Collector land Acquisition and another …. Respondent(s)

Through: Mr. Ravinder Gupta, AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1. Instant appeal was filed by two appellants namely Kailash Nath Sharma and Raj Sharma (Bharti) under Section 52 of the J&K Land Acquisition Act, Svt., 1990 thereby challenging a judgment dated 02.12.2013 passed by learned Additional District Judge, Jammu, whereby a reference made by respondent No. 1-Collector Land Acquisition PWD, Jammu under Section 18 of the J&K Land Acquisition Act, Svt., 1990 on file No. 6/LA of 1996 has been dismissed.

2. The facts as emanating from the record are that the two appellants are brother and sister of one Kumari Shanta Bharti who in turn owned and possessed in her own name and right 13 kanals’ parcel of land under Khasra No. 63, situated at Village Sitni ( Sitlee), Jammu.

3. In the year 1973, said land was acquired by the respondents for the purpose of construction of By-Pass Road to Tawi Bridge in terms of an award No. LA-1878-80 dated 19.12.1973. It is pertinent to mention here that the acquisition award No. LA-1878-80 dated 19.12.1973 pertained to 196 kanals 14 marlas of land falling in Village Sitni (Sitlee) and it included said 13 kanals of land in khasra No. 63 owned by Kumari Shanta Bharti- the predecessor-in-interest of two appellants.

4. It seems that Kumari Shanta Bharti- the predecessor-in-

interest of two appellants, opted not to receive cash compensation in respect of her 13 kanals acquired land, and exercised an option for an alternative equivalent land.

5. After much delay on 05.10.1994, the respondent No. 1-

Collector Land Acquisition PWD Jammu passed an award bearing No. LA/201-02, thereby providing alternate and equivalent value land, comprising two chunks of land in Village Sitni, i.e., eight (8) kanals three (3) marlas in Khasra No. 62 min and seventeen (17) marlas in Khasra No. 96 and third chunk of land, i.e., four (4) kanals in Khasra No.

344 min.

6. It appears that possession of two chunks of land in khasra numbers 62 & 96 situated in Village Sitni came to be delivered to the Kumari Shanta Bharti- the predecessor-in- interest of two appellants, but she complained that possession of 4 kanals of land comprised in Khasra No. 344 at Village Khanpur was never delivered to her because said chunk of land was found to be in claim and possession of the Army.

7. Kumari Shanta Bharti-the predecessor-in-interest of the two appellants also felt aggrieved that there was an inordinate delay of almost 20 years to pass the award of alternate land and that gave rise to claim of damages for deprivation of her property for twenty years on account of escalation of prices relating to development of her land.

8. This prompted Kumari Shanta Bharti- the predecessor-in-

interest of two appellants to make an application under Section 18 of the J&K Land Acquisition Act, Svt. 1990 before respondent No.1-Collector Land Acquisition PWD Jammu thereby seeking reference of the dispute.

9. In her said application for reference, Kumari Shanta Bharti- the predecessor-in-interest of the two appellants, besides stating that possession of 4 kanals of land situated in Village Khanpur had not been handed over to her, also contended that the delay in passing the award with regard to the alternative land had given rise to a claim for compensation in her favour on account of escalation in the costs of construction that had taken place between the years 1973-when her land was taken over, and 1994-when the award was passed.

10. The respondent No.1-Collector Land Acquisition, PWD Jammu made a reference of the disputes to the Principal District Judge, Jammu, and the reference came to be assigned to the lear