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Jammu & Kashmir and Ladakh High Court

J&K High Court Upholds Acquisition Lapse, Modifies Relief For Land Already Used As Road

A Division Bench of the Jammu & Kashmir and Ladakh High Court affirmed that acquisition had lapsed: invoking urgency powers did not displace the two-year award limit where eighty per cent compensation had not been tendered as required.

Judge / Bench — Hon’ble Mr. Justice Sanjeev Kumar and Hon’ble Mr. Justice M A Chowdhary, Judges; judgment by Sanjeev Kumar, J.

It nevertheless modified relief because the land already served a public road and a third acquisition round would prolong the dispute. The award was set aside for these respondents, with a fresh award under the old Act using 10 December 2021 market value and statutory benefits calculated on assumed possession from 9 January 2014. Earlier possession was unproved. Costs were reduced to ₹3 lakh. Enhancement rights run from the fresh award; the benefit was expressly confined to these landowners and did not reopen compensation for others.

Case — Union Territory of Jammu & Kashmir and others v. Abdul Gani and others · LPA/125/2025 · 29 October 2026 · Jammu wing

Advocates appearing — Appellants — Mr. Ravinder Gupta, AAG. Respondents — Mr. R.K.S.Thakur, Advocate, with Ms. Anandita Thakur, Advocate.

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