WP(C)/3152/2026 of SOMA DEVI Vs UT OF J AND K TH. COMMISSIONER SECRETARY, SOCIAL WELFARE DEPARTMENT, JAMMU AND OTHERS on 5 October 2026

1. UT of J&K through Commissioner/Secretary to Government Social Welfare Department, Civil Secretariat, Jammu/Srinagar.

2. Collector, Land Acquisition, Rajouri.

3. Director, Social Welfare Department, Jammu.

4. District Social Welfare Officer, Rajouri.

5. Superintendent, Bal Ashram, Sunderbani, Rajouri.

.…. Respondent(s)

Through: Ms. Sagira, Jaffar, Advocate vice Mrs. Monika Kohli, Sr. AAG for R-2

Coram: HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE

ORDER (ORAL) 05.10.2026

1. The petitioner, claiming to be the owner in possession of land measuring 1 kanal and 17½ Marlas, falling under Survey No. 2863 min, situate at Village Bhajwal, Tehsil Sunderbani, District Rajouri, has approached this Court by invoking its extraordinary writ jurisdiction and seeks a direction to the respondents to initiate and complete the acquisition proceedings in respect of the said land and to determine and pay the compensation.

2. When the matter was taken up, learned counsel for the petitioner submits that since the land has already been taken over by the respondents for construction of Bal Ashram and the said land is under the use and Sr. No. 5

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occupation of the respondents but till date, the compensation has not been paid.

3. Learned counsel for the petitioner further submits that he would be satisfied, in case respondents are directed to assess and pay the compensation of the land in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 [“the Act of 2013”] within some time frame.

4. At this stage, Ms. Sagira Jaffar, Advocate vice Mrs. Monika Kohli, learned Senior AAG appeared for respondent No. 2, and is not averse to the prayer made by learned counsel for the petitioners.

5. In view of the aforesaid facts and with the consensus of learned counsel for the parties, the instant petition is disposed of with a direction to the respondents, particularly respondent No. 2, to assess and pay just and fair compensation to the petitioner strictly in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. Let this exercise be completed within a period of three months from the date a copy of this order is made available to the respondents.

6. Disposed of, accordingly.

(Shahzad Azeem) Judge Jammu 05.10.2026 Mihul

Whether the order is reportable? Yes/No

Whether the order is speaking? Yes/No Mihul Singh 2026.10.05 14:00