HC orders fresh verification in SMVDU land acquisition case, modifies earlier judgment

21/05/2026

Jammu, May 20: The High Court of Jammu & Kashmir and Ladakh has directed the Collector Land Acquisition, Katra, to verify whether the house of late Baj Singh was acquired for establishment of Shri Mata Vaishno Devi University (SMVDU) and whether his legal heirs are entitled to allotment of a residential plot under the applicable rehabilitation scheme.
A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswalpassed the order while disposing of an appeal filed by the legal heirs of late Baj Singh against dismissal of their writ petition challenging land acquisition proceedings.
The appellants had sought exclusion of their houses and shops from acquisition or, alternatively, allotment of residential and commercial plots in lieu of acquired structures. The acquisition was undertaken for establishment of SMVDU.
During the proceedings, the appellants restricted their claim to allotment of one residential plot, contending that the house of late Baj Singh at Village Seera Kotla had been acquired and that he was entitled to rehabilitation benefits under an Executive Council resolution of SMVDU dated March 1, 2003.
The respondents submitted that alternative shops had already been allotted against acquired commercial structures and argued that Baj Singh had later constructed a house on remaining land, indicating he was not fully displaced.
The Division Bench observed that records established ownership of the acquired house by late Baj Singh but held that his eligibility for allotment of an 18-marla residential plot required factual verification by competent authorities.
Modifying the earlier judgment, the Court directed the Collector Land Acquisition, Katra, to determine whether Baj Singh's house was acquired for the university project and identify the relevant survey number. The Collector has also been asked to examine whether the deceased fulfilled eligibility criteria for allotment of a residential plot under the rehabilitation policy.
Importantly, the Court directed authorities to ignore the fact that Baj Singh had subsequently constructed a structure on another survey number, observing that it was allegedly raised out of necessity.
The Bench further ordered that if eligibility is established, one residential plot shall be allotted to the legal heirs in accordance with governing rules and rehabilitation norms.
The Court directed completion of the entire exercise within three months from receipt of the judgment.
The appellants were represented by Senior Advocate O.P. Thakur along with R.K.S. Thakur and O.S. Bandral. Senior AAG Monika Kohli with Sagira Jaffer appeared for the State, while Senior Advocate Rajnish Raina with Rishu Rajeshwar and Prabhat Sangotra represented SMVDU.

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