x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Lieutenant Governor reviews Muharram arrangements | Jammu police arrests 3 harcdcore drug peddlers | Srinagar artisans' delegation meets Syed Altaf Bukhari, seeks intervention for revival of handicrafts sector | Reasi police swiftly solves pilgrims theft case; two accused arrested, stolen property recovered | Sham Lal Sharma lays foundation stone for Rs 8.43 Crore Lala Da Bagh nallah restoration works under SASCI scheme | Modi Govt failed to project socio-economic position of farmers: RL Gupta | MLA, DDC conduct inspection of renovation work of GHSS Bagdhar | NC Government has failed Gujjar-Bakerwal students, shows scant regard for Tribal Welfare: Gulam Ali Khatana | Vedic wisdom and Yajna promote health, longevity and well-being: Swami Ram Swarup | DC Kulgam reviews NH-444 Kulgam Bypass, Stresses early opening of Brazloo bridge | Raising Day of Rajya Sainik Board celebrated | ZSWO celebrates raising day at Udhampur | DC reviews implementation of HADP, other credit-linked schemes in Udhampur | DC Samba reviews performances of banks at DLRC-DCC meeting | 202 J&K cases before SC put on settlement track, HC orders Pre-Lok Adalat sittings | Governor pays tributes to Virbhadra Singh on his Birth Anniversary | Multi-agency mock drill conducted at Jammu base camp | Ajit Doval calls for tackling "Non-Traditional" security threats at BRICS NSA meeting | LG Saxena visits high-altitude hamlet in Leh, announces Him sarovar project | Choudhary, Sadhotra, RL Gupta condole demise of of NC stalwart late Ghulam Mohiuddin Shah’s wife | Sadhotra hails CM Omar, Sakeena for ReT service benefit decision | Higher Education Department notifies Spot Round for UG Admissions 2026-27 | GDC Sunderbani organizes Anti-Drug Awareness Festival | 5-day Peace Education Program commences at Poonch | Rajouri honours local cricket star Yudhvir Singh Charak for his rising journey | 72 years after Mookerjee’s mysterious death, BJP demands truth, accountability | We made Panchayati Raj institutions strongest voice: LG Sinha | After 3-day exercise, Congress panel set to reveal truth behind infighting, anti-party acts | Courts mourn acting CJ’s mother’s demise, pay tribute in spirit | Syama Prasad Mookerjee's dream realised with abrogation of Article 370: Amit Shah | CM Omar stresses timely completion of rural road projects | Amit Shah launches NAFED’s e-auction portal NAFEX.in | HC opens one last door in 18-year-old attempt-to-murder case, allows IO’s examination | DGP Prabhat reviews security arrangements at Nunwan base camp | Multi-agency mock drill conducted at Jammu base camp | 'Operation Sheruwali' enters 32nd day | IGP Kashmir given additional charge | Govt revises penalties under FCRA | Generational Trauma: The wounds we never chose | Mental health and awareness | Patriarchy and the need for equality at home | Women empowerment in modern India | Environment and sustainability | Cyber security: Protecting our digital world | Education and carrier | People First Approach | Back Issues  
 
news details
HC rules Title dispute can't be decided by Collector
3/31/2026 10:45:06 PM
Early Times Report
JAMMU, Mar 31: In a significant ruling, the High Court of Jammu & Kashmir and Ladakh at Srinagar has quashed the order of the District Collector, Baramulla, who had rejected the petitioners' plea seeking reference of a land compensation dispute to the competent civil court in connection with acquisition of land for widening of the Baramulla-Kupwara National Highway at Delina.
At the outset of the judgment, Justice Moksha Khajuria Kazmi remarked, "There are two lasting bequests parents normally want to provide to their children with, one of these is roots and other is wings." The Court used the observation while reflecting on the emotional backdrop of the family dispute over compensation for the acquired land.
The case arose out of rival claims over compensation for land acquired under Survey Nos. 92-B and 233 at Estate Delina. The petitioners, legal heirs of late Mst. Malla Begum, claimed that the property formed part of the estate of Abdul Ahad Ganie and, after his death, had devolved upon his widow and two daughters under Muslim Personal Law. They alleged that respondent No. 5 got the entire estate mutated in her favour to the exclusion of their mother and later sought to receive the entire compensation for the acquired land.
The petitioners challenged the Collector's order dated 11-03-2025, whereby their application seeking reference under Section 3H(4) of the National Highways Act, 1956 was rejected on the ground that only the recorded owner was entitled to compensation. They argued that once a dispute regarding entitlement or apportionment of compensation arises, the competent authority has no jurisdiction to decide title and is legally bound to refer the matter to the Principal Civil Court of original jurisdiction.
The High Court took note of the fact that the petitioners had already filed civil proceedings before the District Judge, Baramulla, seeking declaration, partition and other reliefs, thereby clearly showing that a bona fide title dispute existed between the parties. The Court found that such disputed questions of ownership, inheritance and apportionment could not be conclusively determined by the Collector while dealing with compensation under the acquisition law.
Appearing for the petitioners, Mr. Aswad Attar, Advocate, submitted that the expression "shall refer" in Section 3H(4) is mandatory in nature and once a dispute arises, the competent authority must send the matter to the civil court. Mr. Hakim Aman Ali, Deputy Advocate General, represented the Union Territory, while Mr. Jahangir Iqbal Ganai, Senior Advocate, with Mr. Owais Dar and Ms. Syed Gousia Tabassum, Advocates, appeared for respondent No. 5. (JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU