Court Directs No Construction or Reconstruction at Site Pending Further Objections
In a significant ruling, the Jammu and Kashmir High Court has directed that a status quo be maintained at the site of a demolished shop structure in Udhampur district, following allegations of illegal demolition by the District Administration. The order, issued by Justice Rahul Bharti, restrains any further construction or reconstruction activities at the site until the matter is resolved, subject to any objections from the respondents.
The petitioner, Farooq Ahamad Wani, claimed that his shop structure was demolished by the District Administration without adhering to due legal processes. According to Mr. Wani, the land, measuring 6 marlas and located in village Narsoo, was initially allotted to Mohd. Yousuf, from whom he acquired possession rights through an agreement dated March 8, 2018. The petitioner has alleged significant financial loss due to the demolition and has filed a writ petition seeking damages amounting to Rs. 5 crores.
During the proceedings, Mr. Aseem Sawhney, Senior Advocate representing the petitioner, argued that the demolition was conducted unlawfully, depriving Mr. Wani of his investment and causing substantial damage. The court has acknowledged these claims by ordering the maintenance of the status quo at the site.
The court has issued notices to the respondents, with Ms. Nazia Fazal, Assisting Counsel to Senior AAG Mrs. Monika Kohli, waiving the notice on behalf of the respondents. The case is scheduled for further hearing on January 31, 2026.
This case highlights the ongoing legal challenges related to land and property rights in the region, with the court's interim order serving as a temporary relief to the petitioner. The court's directive ensures that no further changes are made to the disputed site, providing a window for legal scrutiny over the actions taken by the District Administration.
Bottom Line:
Status-quo ordered to be maintained at the site of the demolished shop structure, prohibiting any act of construction or reconstruction, subject to objections from the respondents.
Statutory provision(s): Civil Law, Demolition, Status Quo, Writ Petition
Farooq Ahamad Wani v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc Id # 2830169
