HC directs PHE to assess compensation for land used by water pipelines

30/09/2026

SRINAGAR, Sept 29: The High Court of Jammu & Kashmir and Ladakh has directed the Public Health Engineering (PHE) Department to assess and determine compensation and, where applicable, rent or use-and-occupation charges for private land being used for water supply pipelines and related structures.
Justice Wasim Sadiq Nargal passed the directions while disposing of a petition filed by Mst. Haleema and Mst. Asiya Hamid Khan, who claimed ownership of 10 kanals and 16 marlas of land at Mouza Dewar in Pattan. The petitioners were represented by Manzoor Ahmad Dar, Advocate, while Jahangir Ahmad Dar, Government Advocate, appeared for the respondents.
The petitioners had sought removal of underground and above-ground water pipelines and concrete structures from their land, besides compensation for its use and occupation. Alternatively, they sought initiation of proceedings for acquisition or requisition of the property.
The respondents contended that the pipelines had been laid decades before the petitioners purchased the land in 2012 and argued that no compensation was payable merely because the pipelines existed on the property.
Justice Nargal, however, held that the fact that the pipelines pre-dated the petitioners' purchase did not, by itself, disentitle them from claiming compensation. The Court noted that the pipelines continued to remain on the land and their continued use constituted an ongoing interference with the petitioners' proprietary rights.
Referring to Section 12 of the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010, the Court observed that while the Government has the power to lay and carry water pipelines through private property, the statutory power is subject to safeguards, including compensation for damage and ensuring that pipelines are laid sufficiently underground to safeguard the use of the land.
The Court also relied upon the Supreme Court's judgment in Vidya Devi v. State of Himachal Pradesh and earlier judgments of the High Court concerning the constitutional protection of property under Article 300-A. It observed that private property may be utilised for essential public services, but such utilisation must have the authority of law and cannot leave the owner to bear the entire burden of a facility intended to serve the public.
Justice Nargal directed the Chief Engineer, PHE, Kashmir, to constitute a committee under Section 89 of the 2010 Act within two weeks. The committee has been tasked with conducting a spot inspection, examining the relevant revenue and departmental records, determining the portion of land actually being used or occupied, and assessing the nature and extent of any damage.
The petitioners or their authorised representative are to be given an opportunity of hearing before the exercise is completed. The competent authority has thereafter been directed to determine and pay compensation, if found payable, in accordance with law.
If the land is required for continued use, the authority has also been directed to examine the petitioners' claim for reasonable rent or use-and-occupation charges from the date they purchased the property in 2012. Such charges are to continue during the period of lawful continued use, unless the land is acquired or otherwise released.
The Court further directed that if payment is not made within the stipulated period, the amount determined would carry 6 per cent annual interest, subject to final determination of the petitioners' entitlement, from the date of acquisition of the land in 2012 until actual payment. The entire exercise has been ordered to be completed within six weeks of constitution of the committee.
The Court clarified that it had not determined the precise amount of compensation, extent of damage, area under occupation or quantum of rent, leaving those questions to the competent authority to decide strictly in accordance with law.

Photo Gallery

BSE Sensex

NSE Nifty