Authority: High Court of Jammu & Kashmir and Ladakh, Jammu

Order Date: 05 November 2026

Case Overview

  • Parties: Appellant – National Highway Authority of India (through Project Director, PIU‑Jammu, Rajiv Kumar) and Regional Officer; Respondents – Ch. Mohd. Sadiq (landowner), Union of India (Ministry of Housing & Urban Affairs), Director General, Central Public Works Department, Union Territory of Jammu and Kashmir (Revenue Department), Deputy Commissioner/District Collector, Jammu, and Chief Engineer, Public Works Department, Jammu.
  • Background: The Single Judge in WP(C) No. 1625/2020 dated 24 February 2026 directed NHAI to either submit a land acquisition indent or restore possession of a 2‑kanal parcel (Survey No. 299, Village Digiana, Jammu) within six months and to commence acquisition proceedings under the applicable law.
  • Appellant’s contentions: NHAI argued that Respondent 1 lacked title, relying on an order dated 26 June 2006 and the 1957 Girdawari which showed the ownership and tenancy columns blank and classified the land as “Gair Mumkin Road”, therefore acquisition could not be ordered.
  • Respondent’s defence: Counsel for Respondent 1 produced revenue records (Jamabandi for Kharif 2000–Rabi 2001) showing the land was jointly owned by co‑owners including the predecessor‑in‑interest Late Munshi Khan, with Mutation of Inheritance No. 2894 confirming title in favour of Respondent 1 and other co‑sharers. It was also highlighted that 11 marlas were sold to Makhan Singh and 2 kanals were occupied by CPWD for the Jammu‑Pathankot National Highway, with no compensation ever paid to the rightful owners.
  • Court’s observations: The Court noted that a blank column in the 1957 Girdawari does not extinguish the predecessor’s ownership, as earlier Jamabandi records clearly list him as co‑owner in possession of the entire 3 kanals. The lower court’s view was deemed unexceptionable and in accordance with law.

Final Outcome

The Letters Patent Appeal is dismissed as devoid of merit. The directions of the Single Judge – to submit a fresh acquisition indent or restore possession and to initiate acquisition proceedings – remain in force.

Topics: Land Acquisition; Court Judgment