Onlykashmir.in News Desk
The Jammu and Kashmir and Ladakh High Court has dismissed an appeal challenging the acquisition of 64 kanals of land for the Border Security Force (BSF) Sector Headquarters at Bhajwal village in Sunderbani tehsil of Rajouri district. The court held that the challenge was brought after an unexplained delay of several years and disclosed no legal ground for interference.
A Division Bench of Justice Sanjeev Kumar and Justice M.A. Chowdhary dismissed LPA No. 131/2026, filed by Lt. Col. Yesh Paul Sharma (Retd.) against the dismissal of his writ petition by a Single Judge on December 24, 2025.
The acquisition covered a total of 236 kanals and 13 marlas at village Bhajwal (Mohra Sodra). Proceedings began with a notification under Section 4 of the Jammu and Kashmir Land Acquisition Act, Samvat 1990, in March 2006. The final award was passed on April 18, 2011, fixing compensation at Rs 1.60 lakh per kanal, along with 50 per cent jabrana.
The appellant had questioned the acquisition of 64 kanals falling under Khasra Nos. 1656, 1658 and 1670, alleging discrepancies in revenue records, irregularities in compensation payments and failure of the authorities to release certain portions of the acquired land. He had sought de-notification and restoration of the land, along with an inquiry into the alleged irregularities.
The Bench observed that the proceedings had culminated in a final award in April 2011, whereas the writ petition was filed only in June 2023. It held that no justifiable ground had been shown for invoking writ jurisdiction after such a lapse of time.
Examining the compensation record relating to the appellant’s father, Badri Nath, the Bench found that 80 per cent of the compensation payable against his share had been paid. Rs 15,70,133 was paid by cheque dated February 3, 2008, and the apportionment statement carried his signatures acknowledging receipt. The court noted there was no material indicating that payment had been accepted under protest.
The remaining 20 per cent, amounting to Rs 3,92,533, was found to be deposited with the Collector Land Acquisition. The court also observed that Badri Nath died on December 25, 2022, before the writ petition was instituted, yet the proceedings were filed in his name without his affidavit or signature.
The Bench held that grievances about the quantum or apportionment of compensation must be pursued through the remedies available under law and cannot be used to invalidate the entire acquisition.
However, the court clarified that the dismissal would not prevent the legal heirs of Badri Nath from approaching the competent authority for release of the remaining compensation, subject to establishing their entitlement in accordance with law. They may also pursue any permissible statutory remedy on assessment or apportionment of compensation.
Finding no error of law or perversity in the Single Judge’s decision, the Division Bench dismissed the appeal.
