Jammu and Kashmir High Court
WP(C)/356/2026 of CHANDER RADHA Vs CHAIRMAN JAMMU DEVELOPMENT AUTHORITY AND OTHERS on 17 February 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 356/2026 CM No. 830/2026 Chander Radha W/O Sh. Ajay Bakshi R/O Village Sunail Tehsil Akhnoor District Jammu. …..Appellant(s)/Petitioner(s) Through: Mr. Rahul Pant, Sr. Advocate with Mr. Anirudh Sharma, Advocate vs 1. Chairman, Jammu
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 356/2026
CM No. 830/2026
Chander Radha W/O Sh. Ajay Bakshi
R/O Village Sunail Tehsil Akhnoor
District Jammu.
…..Appellant(s)/Petitioner(s)
Through: Mr. Rahul Pant, Sr. Advocate with Mr. Anirudh Sharma, Advocate
vs
1. Chairman, Jammu Development
Authority, Vikas Bhawan, Rail Head
Complex, Jammu
2. Director, Land Management, Jammu
Development Authority Vikas Bhawan,
Rail Head Complex, Jammu
3. Tehsildar (Estate Officer),
Jammu Development Authority,
Vikas Bhawan, Rail Head Complex,
Jammu
4. Raj Bahadur S/O Sh. Shaday Lal,
R/O Kandoli Nagrota, Jammu
5. Sheetal Koul W/O Raj Bahadur
R/O Kandoli Nagrota, Jammu
.…. Respondent(s)
Through: Mr. Sachin Dogra, Advocate
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(17.02.2026)
1. The petitioner, through the medium of this petition, seeks direction to the official respondents to remove the illegal encroachment raised by respondent Nos. 4 & 5 over the petitioner’s Plot No. 5, measuring 40’ × 80’ Sector No. 1, Phase-II, situated at Rajinder Nagar, Housing Colony, Jammu by enforcing the statutory obligations cast upon them under law.
2. Learned senior counsel for the petitioner submits that the petitioner was allotted Plot No. 5 in Rajinder Nagar, Housing Colony, Jammu on 30.10.2024 and possession was also delivered to him however, with the passage of time, respondent Nos. 4 & 5, whose plot is adjacent to the plot of the petitioner, have encroached upon some portion of the petitioner’s plot; that in this behalf, demarcation was conducted by the officials of Serial No. 115
2 WP(C) No. 356/2026
Jammu Development Authority indicating that the petitioner’s plot measures 3145.24 sft whereas, that of respondent Nos. 4 & 5 measures 3456.24 sft; that the petitioner’s plot should have the area measuring 3200 sft, as such, some of its area has been occupied by the respondent Nos. 4 & 5 and despite conducting demarcation, the Jammu Development Authority has not acted upon it to restore the possession of the land which had been encroached upon by the private respondents.
3. Learned senior counsel for the petitioner submits that the petitioner shall be satisfied in case the petition is disposed of, with a direction to the official respondents to remove the illegal encroachment raised by the private respondents over the petitioner’s plot.
4. Heard.
5. Issue notice. Notice waived by Mr. Sachin Dogra, Advocate on behalf of the respondent Nos. 1 to 3, who submits that the official respondents are not averse to the plea raised on behalf of the petitioner.
6. In view of the submissions made by learned senior counsel for the petitioner and no objections raised by the official respondents, the petition is disposed of with a direction to the official respondents to remove the illegal encroachment raised by the respondent Nos. 4 & 5 over the petitioner’s plot in accordance with law, within a period of eight weeks from the date, a certified copy of this order is made available to them by the petitioner.
7. Disposed of, accordingly, along with connected application(s).
(M A CHOWDHARY)
JUDGE Jammu 17.02.2026 Tarun/PS
Tarun Kumar Gupta 2026.02.17 23:32 I attest to the accuracy and integrity of this document