Jammu and Kashmir and Ladakh High Court issues notice on man’s Rs 5 crore compensation plea over ‘illegal demolition’

Justice Rahul Bharti ordered status quo to be maintained at the demolished site. (Image enhanced using AI)

The Jammu and Kashmir and Ladakh High Court has directed to maintain status quo at a site in Udhampur district where a shop structure was allegedly demolished illegally by the district administration.

Justice Rahul Bharti, while issuing notice on petitioner’s plea for Rs 5 crore compensation, ordered no construction or reconstruction in any manner at the site.

The court was dealing with a writ petition filed by one Farooq Ahmad Wani, who challenged the demolition of a shop structure claimed to have been erected on the basis of an agreement executed in 2018.

The petitioner submitted that he set up the shop after entering into an agreement with another person, who claimed to be an allottee of six marlas of state land at village Narsoo, in Udhampur.

Wani alleged that the district administration deployed men and machinery to raze the structure without adopting the due course of law, causing him substantial financial loss.

He alleged that the demolition rendered to dust his monetary investment in the erection of the shop structure.

He therefore sought compensation of Rs 5 crore, contending that his entire monetary investment in the shop was destroyed due to the alleged illegal action of the authorities.

The court issued notice to the respondent-state and listed the matter for further hearing on January 31, 2026.

In the meantime, the High Court directed that status quo be maintained at the demolished site.

“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. This order is, however, subject to objections from the other side,” the court ordered.

The Allahabad High Court recently slammed the district administration of Raebareli for demolishing a private structure in Raebareli without giving notice or an opportunity to be heard to the affected party, holding it to be illegal and arbitrary under Article 300A of the Constitution.

The court not only ordered restoration of the land to the petitioner but also imposed Rs 20 lakh costs on the State and directed an enquiry against the officials involved.

The court emphasised that demolition without due process of law and compliance with statutory safeguards violates fundamental property rights.