Authority: High Court of Jammu & Kashmir and Ladakh, Srinagar
Order Date: 10 September 2026
Case Overview
- Petitioners: Ghulam Ahmad Malla & Ors., represented by Ms. Saima Mehboob.
- Respondents: State of Jammu & Kashmir & Ors., including Horticulture Department (Nos.1‑4) and Power Grid Corporation of India Ltd (No.5), represented by Ms. Rahella Khan and Mr. M. A. Beigh.
- Petition sought: (i) fresh committee to re‑assess loss to walnut trees on Survey Nos. 972, 998, 971‑min, Dreygam, Budgam; (ii) direction to Power Grid to acquire land under 220 kV transmission line and pay compensation at prevailing market value.
- Facts: 09, 06 and 13 fruit‑bearing walnut trees (total 28) were felled for the 220 kV line. Horticulture Department assessed damages at Rs 6,92,810; Rs 5,13,130; Rs 12,10,380 respectively, using SRO‑493‑1985 and SRO‑386‑1995, rate Rs 114 per kg. Petitioners argued assessment used max tree age of 60 years (actual lifespan ~200 years) and outdated price, and claimed radiation rendered land useless.
- Respondent No.5 stated that the Chief Horticulture Officer, Budgam, had assessed the loss, communicated on 20‑09‑2018, and the amount was paid to petitioners through bank transfers, which they accepted without protest; wood value was deducted; possession of land remains with petitioners.
- Petitioners limited claim to re‑assessment, asserting compensation not paid at market value.
- Respondent argued estoppel: acceptance of assessment bars fresh challenge.
Final Outcome
- The Court held that the petitioners had accepted the compensation assessed by the Chief Horticulture Officer without objection, invoking the principle of estoppel (qui approbat non reprobat). Consequently, the request for a fresh re‑assessment and for land‑acquisition directions was denied. The petition was dismissed as lacking merit.
Topics: Compensation, Estoppel, Land Acquisition