Jammu and Kashmir High Court
WP(C)/420/2026 of MOHD MAROOF Vs UT OF J AND K TH. COMMISSIONER SECRETARY, PUBLIC WORKS (R AND B) DEPARTMENT, JAMMU AND OTHERS on 27 February 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 420/2026 CM No. 1001/2026 Mohd. Maroof …..Appellant(s)/Petitioner(s) Through: Mr. Abdul Qadar Khan, Advocate vs UT of J&K & Ors. .…. Respondent(s) Through: Mr. Nirmal Kotwal, AC vice Mr. Ravinder Gupta, AAG CORAM:
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 420/2026
CM No. 1001/2026
Mohd. Maroof
…..Appellant(s)/Petitioner(s)
Through: Mr. Abdul Qadar Khan, Advocate
vs
UT of J&K & Ors.
.…. Respondent(s)
Through: Mr. Nirmal Kotwal, AC vice
Mr. Ravinder Gupta, AAG
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(27.02.2026)
1. The petitioner, through the medium of the present petition, has sought a direction to the respondents to explain how they have utilized his land falling under Khasra Nos. 202, 203 and 203, for construction of a road without adopting due process of law and without initiating any acquisition proceedings for acquiring the said land. The petitioner has further prayed for a direction to the respondents to initiate proper proceedings for acquisition of the land and to provide just and fair compensation to the petitioner, in accordance with the prevailing market value, so as to secure the ends of justice, equity and fair play.
2. Learned counsel for the petitioner, while referring to a communication dated 19.10.2023 addressed by the Tehsildar, Manjakote, to the Executive Engineer, PMGSY Division, Rajouri, submits that during the execution of the work, the petitioner’s land comprising Khasra Nos. 202 and 203 has been used for dumping of malwa (debris) and that the road has not been constructed strictly in accordance with the alignment. Serial No. 02
2
3. . Learned counsel further submits that the petitioner would be satisfied if the present petition, is disposed of at this stage, with a direction to respondent Nos. 4 and 5 to consider the matter, preferably within a period of six weeks. In the event the petitioner’s land is found to have been utilized either for construction of the road or for dumping of debris, and if so required, an appropriate decision be taken with regard to acquisition/requisition of the land or payment of compensation/rental etc for its use.
4. Accordingly, the petition is disposed of along with all pending application(s).
(M A CHOWDHARY) JUDGE
Jammu 27.02.2026 Amit