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JAMMU, May 22: The High Court of Jammu & Kashmir and Ladakh has set aside a Single Bench judgment directing payment of Rs 4 crore compensation in a Srinagar land dispute, holding that the Additional Deputy Commissioner, Srinagar, could not have virtually passed an award for compensation without initiating proceedings under the Land Acquisition Act.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar allowed the Letters Patent Appeal filed by the Union Territory of J&K and others against the judgment dated May 20, 2025, passed in WP(C) No. 2185/2023.
The appeal arose from a dispute concerning land measuring 3 kanals, 7 marlas and 6½ square feet under Khasra No. 100 at Mouza Khaniyar, Srinagar, claimed by Khawaja Nizam Shah through his attorney holder Omar Khalil Nedou.
The respondent had claimed that the land was forcibly occupied in 1980 by the Roads and Buildings Department and later handed over to the Health and Medical Education Department for construction of Gousia Hospital, Srinagar.
The Single Bench had earlier directed the authorities to pay Rs 4 crore along with 6 percent interest, relying upon a report of the Additional Deputy Commissioner dated January 12, 2021.
Appearing for the appellants, Advocate Faheem Nisar Shah argued that the writ petition itself was not maintainable as Omar Khalil Nedou had no authority to file it on behalf of Khawaja Nizam Shah.
It was also argued that the ADC’s report contradicted an earlier revenue report, the R&B Department was not made a party despite being alleged to have taken possession, and the ADC had no authority to assess compensation.
For the respondent, Senior Advocate S F Qadiri, assisted by Advocates Zamir Abdullah and Zahir Abdullah, submitted that the writ petition only sought implementation of the ADC’s report, which had not been contradicted or objected to by Government departments. The Division Bench, however, held that the Single Bench judgment was flawed for more than one reason.
The Court noted that the Power of Attorney relied upon by Omar Khalil Nedou related to property at Gulmarg registered in the name of Khawaja Salam Shah Naqashbandi and did not mention the subject land at Khaniyar.
The Bench observed that Nedou had unauthorizedly and without any authority of law filed petitions to claim compensation.
The Court further held that the ADC’s report was defective as it did not consider the earlier contrary report of the Assistant Commissioner Revenue, was prepared without involving the R&B Department, and wrongly assumed the powers of a Collector.
The Bench said the ADC had virtually passed an award of Rs 4 crore without acquisition proceedings and without indicating any yardstick for assessing the amount. Allowing the appeal, the High Court set aside the Single Bench order.
However, it clarified that the judgment would not prevent Khawaja Nizam Shah from seeking compensation through appropriate legal remedy by impleading all necessary parties, including the Public Works Department (R&B), and by establishing title over the land and proving its occupation by the authorities.
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