J&K&L High Court Issues Notice On ₹5 Crore Compensation Plea Over Alleged Illegal Demolition; Orders Status Quo At Site

The Jammu & Kashmir High Court issued notice to the Union Territory administration in a writ petition seeking ₹5 crore compensation for the alleged unlawful demolition of a commercial structure and violation of the petitioner's right to livelihood.

A bench of Justice Rahul Bharti, while considering the matter, noted the petitioner's grievance that the District Administration demolished the structure by deploying men and machinery “without adopting due course of law,” thereby causing substantial monetary loss and depriving him of his means of livelihood.

The petitioner claims possession over the land on the basis of an agreement dated 08.03.2018 executed with the original allottee of the State land.

The petitioner has also relied upon the Supreme Court's judgment in In Re: Directions in the matter of demolition of structures (W.P. (C) No. 295 of 2022), alleging non-compliance with the safeguards laid down therein.

Apart from compensation, the plea seeks directions for reconstruction of the demolished property, initiation of an enquiry against concerned officers, and adherence to due process before carrying out demolitions in the Union Territory.

Issuing notice to the respondents, the Court directed that status quo be maintained at the site, observing that “there shall be no act of construction or reconstruction in any manner whatsoever at the site of demolished structure,” subject to objections from the respondents.

Notice was accepted on behalf of the UT administration by the learned Senior Additional Advocate General. The matter has been listed for further consideration on 31 January 2026.

Case-Title: Farooq Ahamad Wani vs UT of J&K & Ors, 2025

Through: Mr. Aseem Sawhney, Sr. Advocate with Mr. Mohd. Shabab Malik, Advocate & Ms. Khushboo Sharma, Advocate.

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