Jammu and Kashmir High Court
WP(C)/243/2024 of RAVINDER KUMAR SHARMA Vs U T OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS on 30 July 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 243/2024 c/w CCP(S) No. 247/2025 Ravinder Kumar Sharma …..Appellant(s)/Petitioner(s) Through: Ms. Zoya Bhardwaj, Advocate. vs UT of J&K and Ors. .…. Respondent(s) Through: Ms. Sagira Jaffar, Advocate vice Ms. Monika Kohli,
HIGH COURT OF JAMMU & KASHMIR AND
LADAKH
AT JAMMU
WP(C) No. 243/2024 c/w
CCP(S) No. 247/2025
Ravinder Kumar Sharma
…..Appellant(s)/Petitioner(s)
Through: Ms. Zoya Bhardwaj, Advocate.
vs
UT of J&K and Ors.
.…. Respondent(s)
Through: Ms. Sagira Jaffar, Advocate vice Ms. Monika Kohli, Sr. AAG for R- 1 & 2.
Mr. Karan Sharma, CGSC vice
Mr. Vishal Sharma, DSGI for R-3.
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER(ORAL)
30.07.2026
WP(C) No. 243/2024
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1. This petition has been filed by the petitioner for commanding the respondents to release the awarded amount of Rs. 16,71,259/- in lieu of land measuring 1 Kanal comprising survey No. 841 situated at Village Meen Charkan, Tehsil Bari Brahmana, Samba, acquired by respondent No. 3 for the construction of Delhi-Amritsar-Katra Expressway.
2. The petitioner claims to be the owner of land measuring 1 Kanal 8 marlas comprising survey No. 841 situated at Village Meen Charkan, Samba out of which 1 Kanal of land has been acquired by respondent No. 3. As per the public notice alongwith final apportionment statement uploaded on the official website, the public at large/ interested persons were granted seven days time to respond to apportionment statement. The name of the petitioner figured at serial No. 35 and total compensation was assessed as Rs. 61,71,259/- only. The petitioner approached the respondents for release of payment in favour of the petitioner in lieu of land measuring 1 Kanal acquired by respondents but the same was not released which compelled the petitioner to file this writ petition. Serial No. 24
2 WP(C) No. 243/2024 c/w
3. Respondent Nos. 1 and 2 have filed their response thereby narrating the chronology of the transfer of land from original owner Koki to the petitioner, who purchased the land measuring 1 Kanal 8 marlas comprising survey No. 841 from Faquir Singh through validly executed sale deed, regarding which the mutation no. 880 dated 28.04.2021 was also attested in his favour. Respondent Nos. 1 and 2 in fact are objecting to the claim of the petitioner primarily on the ground that the sale deed was executed in favour of the petitioner in utter disregard of Government Order bearing No. S-432 of 1966 dated 03.06.1966, particularly clause 4, which prohibits the alienation of the property without the permission of the Government.
4. Respondent No. 3- Indenting Deparment in its response has admitted issuance of award dated 21.12.2022 and it is the stand of respondent No. 3 that the compensation for the acquired land stands already deposited with the Collectorate and it is the responsibility of respondent No. 2 to release the compensation in favour of the petitioner.
5. Heard learned counsel appearing for the parties and perused the material on record.
6. The petitioner admittedly was the owner of the land measuring 1 kanal 8 Marlas comprising survey no. 841 at Village Meen Charkan, Tehsil Bari Brahmana, District Samba out of which 1 kanal of land was acquired by respondent No. 3 for construction of Delhi-Amristar-Katra Expressway regarding which award dated 21.12.2022 stood published by respondent No. 2. The only ground on which the compensation is being denied to the petitioner by respondent Nos. 1 and 2 is on account of provision contained in Clause 4 of Govt. Order S-432, which prohibits the alienation of land without the permission of the Government.
7. The Division Bench of this Court in “UT of J&K & Ors. V. Ravinder Kanta” bearing LPA No. 126/2025 decided on 28.04.202, has held that there is no infirmity in judgment in case titled “Mohd. Akram v. State of J&K & Ors.” wherein it was observed that Clause 4 has been rendered otiose with the efflux of time. Accordingly, this Court is the considered view that once the Clause 4 of Govt. Order S-432 which prohibited the
3 WP(C) No. 243/2024 c/w alienation of the land without the permission of the Government has been declared otiose, it is not open for respondent Nos. 1 and 2 to deny the payment of compensation to the petitioner on the ground of such prohibition.
8. At this stage, Ms. Zoya Bhardwaj, learned counsel submits that compensation stands already deposited with the Registry of this Court, the same along with interest accrued thereupon be released in favour of the petitioner.
9. Accordingly, this petition is disposed of by directing the Registry to release the amount of compensation deposited by the respondent Nos. 1 and 2 along with interest in favour of the petitioner after the expiry of the appeal period.
10. In view of disposal of the writ petition bearing WP(C) No. 243/2024, the proceedings in this contempt petition are closed.
(RAJNESH OSWAL)
JUDGE
Jammu 30.07.2026 Neha-1
Neha Kumari 2026.08.01 13:00 I attest to the accuracy and integrity of this document