IBRAR AHMAD KHAN AND OTHERS v. SHALEEN KABRA AND OTHERS (PHE DEPARTMENT)
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2025-10-29. IBRAR AHMAD KHAN AND OTHERS v. SHALEEN KABRA AND OTHERS (PHE DEPARTMENT). Read the judgment and...
Judgment text
Sr. No. 43 Regular List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) No. 95/2023 in WP(C) No. 1553/2016 Ibrar Ahmad Khan and Ors. …Petitioner(s) Through: Mr. M. M. Khan, Adv. Vs. Shaleen kabra and Ors. ... Respondent(s) Through: Mr. Jahangir Ahmad Dar, GA. CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 29. 10. 2025 01. The instant contempt petition is pending adjudication before this Court since 2023 for implementation of an Order/Judgment passed by this Court in OWP No. 1553/2016. 02. During the pendency of instant contempt petition, the petitioners have also availed a remedy of Letters Patent Appeal before the Division Bench of this Court.
However, the said Letter Patent Appeal preferred by the petitioners was dismissed th vide Order dated 12 September, 2022 to the extent of providing employment to the petitioners and allowed to the extent of releasing compensation for the land acquired by the government owned by the petitioners meaning thereby the direction with regard to release compensation mentioned supra was intact . The respondents were directed to release the compensation to the owners of the land within one month provided their proprietary land has been acquired by the Government for construction of Water Reservoir. 03.
Since the Order/Judgment has been passed by the learned Writ Court way back in the year 2016 and more than 9 years have elapsed, this Court, in the peculiar facts and circumstances, deems it proper to direct the SDM, Uri to release the compensation in favour of the owners including the petitioners strictly in tune with th the Judgment passed by this Court on 27 December, 2016 provided their proprietary land has been acquired for the purpose of construction of Water Reservoir. 04. Let the aforesaid exercise be done by the respondents within a period of four weeks from the date a copy of this order is served upon them. 05. In the aforesaid backdrop, the proceedings in the instant contempt petition are closed making it clear that in case the order is not complied with, the petitioners shall have liberty to seek revival of the contempt petition and in that eventuality, coercive measures shall be taken against the respondents. 06. Rule, if any framed, shall stand discharged.
(WASIM SADIQ NARGAL) JUDGE SRINAGAR: 29. 10. 2025 “Shamim Dar”
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