SC stays J&K HC order directing compensation to descendants of landowner

Excelsior Correspondent
JAMMU, May 11: The Supreme Court on Monday issued notice and stayed the operation of the judgment passed by the Division Bench of the High Court of Jammu & Kashmir and Ladakh in a land compensation dispute concerning property at Bandipora, Kashmir.
A Bench comprising Justice K.V. Viswanathan and Justice Manmohan passed the interim order while hearing a Special Leave Petition filed by the Union Territory of Jammu & Kashmir in UT of J&K Vs. Mushtaq Ahmed Jan & Ors. challenging the High Court judgment rendered by a bench of Justice Sanjeev Kumar and Justice Sanjay Parihar directing initiation of acquisition proceedings and payment of compensation for land under possession of the Rural Development Department since 1958-59.
Appearing for the Union Territory of J&K, Standing Counsel Rushab Aggarwal argued that the claim for compensation is stale and had been raised 65 years after the possession and the matter involved disputed questions of fact, including the State’s plea that the land had originally been donated for construction of the Block Development Office at Bandipora.
The matter arises from a July 2025 judgment of the High Court Division Bench which had set aside the order of the Single Judge and directed the authorities to initiate acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The Supreme Court, after hearing submissions on behalf of the Union Territory, issued notice in the matter and stayed the operation of the impugned High Court judgment pending further consideration.