The Jammu and Kashmir and Ladakh High Court has stepped in to halt any further activity at a disputed site in Udhampur, issuing a formal notice to the state government on a petition seeking a staggering Rs 5 crore in compensation for the alleged illegal demolition of a shop structure. Justice Rahul Bharti, presiding over the case, has ordered that the status quo be maintained at the location, explicitly barring any construction or reconstruction work until further orders.
Court Halts Activity, Demands Government Response
Justice Rahul Bharti issued the interim order while hearing a writ petition filed by Farooq Ahmad Wani. The court directed that no changes be made to the site where Wani's shop once stood and listed the matter for its next hearing on January 31, 2026. The respondent-state has been served a notice and must now present its side of the story.
The court's directive was clear and immediate. "In the meantime, status-quo to be maintained at the site and there shall be no act of construction or reconstruction in any manner whatsoever at the site of demolished site," the order stated. However, the bench clarified that this order is subject to objections from the opposing side.
The Petitioner's Claim: An Investment Rendered to Dust
The case stems from the demolition of a shop structure in village Narsoo, Udhampur district. According to the petition filed by Farooq Ahmad Wani, he had set up the shop after entering into an agreement in 2018 with an individual who claimed to be an allottee of six marlas of state land at that location.
Wani's central allegation is that the district administration used men and machinery to raze his structure without following the due process of law. He contends that this action was carried out without any prior notice or opportunity for him to be heard, leading to the complete destruction of his monetary investment. The petitioner argues that this alleged illegal action by the authorities directly resulted in substantial financial loss, justifying his claim for Rs 5 crore in compensation.
A Wider Context: Courts Cracking Down on Illegal Demolitions
This case in Jammu and Kashmir is not an isolated incident. It reflects a growing judicial trend across India where courts are scrutinizing the actions of civic and district authorities in demolition drives. The High Court's intervention underscores the legal principle that property rights cannot be infringed upon without strict adherence to statutory procedures.
In a notably similar and recent judgment, the Allahabad High Court came down heavily on the Raebareli district administration for demolishing a private structure without serving notice. That court declared the action illegal and arbitrary under Article 300A of the Constitution, which guarantees the right to property. Going beyond mere criticism, the Allahabad High Court ordered the restoration of the land to the petitioner, imposed costs of Rs 20 lakh on the State, and directed an enquiry against the officials involved.
The Supreme Court of India has also laid down specific guidelines to curb illegal demolitions, emphasizing that due process is not a mere formality but a fundamental safeguard. The developments in the Udhampur case will be closely watched, as its outcome could reinforce the legal safeguards against arbitrary state action affecting property and livelihood.
