After a litigation history stretching back to the era of the former princely State, the High Court of Jammu & Kashmir and Ladakh has set aside a government order that cancelled land allotted to a retired Army officer in lieu of property taken over by the State more than seven decades ago. The court found the cancellation arbitrary, unjustified, and contrary to binding judicial directions.
Background of the Case
The petitions were led by Lt. Col. Daljit Singh Dogra, son of late Major Anchal Singh, whose land measuring over six kanals at Ahata Haweli Begum in Jammu was taken over by the State during the reign of Maharaja Hari Singh. No compensation was paid at that time.
Read also:- Punjab & Haryana High Court Quashes Insecticides Case Against Marketing Firm Over Misbranded Product
The dispute triggered a long legal journey beginning in the late 1970s. In earlier proceedings, the High Court had directed the State to either allot alternative land or pay just compensation. A Division Bench judgment in 1999 clearly mandated allotment of land equivalent in value, failing which compensation under land acquisition law was to be paid.
Despite repeated court directions and even contempt proceedings, implementation remained delayed.
In April 2016, the government finally issued an order allotting six kanals and one marla of land to Lt. Col. Dogra. After modifications through corrigenda, one kanal of land at Rakh Bahu, Jammu, was handed over to him, and proprietary rights were granted.
The petitioner later sold portions of this land to two purchasers through registered sale deeds.
However, in February 2018, the Housing and Urban Development Department abruptly cancelled the one-kanal allotment. The government claimed the land was more valuable than the original acquired property and alleged that commercial construction had been raised, violating the purpose of allotment.
This cancellation triggered multiple writ petitions, including by the subsequent purchasers.
Court’s Observations
Justice Moksha Khajuria Kazmi, after hearing all parties together, took a critical view of the government’s action.
The court noted that the allotment had been made to comply with binding judicial orders and possession had already been handed over. Cancelling the allotment without giving the allottee an opportunity of being heard was found to be procedurally unfair.
Quoting from the official record itself, the court referred to the opinion of the Advocate General, which stated that the cancellation order “would not stand the test of scrutiny in the court of law” and that the reasons cited were neither cogent nor sufficient.
Rejecting the argument of higher land value, the court observed that government records obtained under the Right to Information Act actually showed the acquired land to be of higher fiscal value.
On the allegation of commercial construction, the bench remarked, “Even if unauthorized construction existed, cancellation of allotment was not a lawful remedy.” Such issues, the court said, could be addressed under relevant building laws, not by nullifying an allotment made in compliance with court orders.
The court also took note of the fact that the land had already been sold through registered deeds before the cancellation order was issued. As a result, the cancellation affected third-party rights, making the government’s action even more untenable.
Read also:- MP High Court Quashes SLSA SOP, Allows Legal Aid Defence Counsels to Continue Without Fresh
Decision
Allowing all the writ petitions, the High Court quashed Government Order No. 50-HUD of 2018 dated 16 February 2018. The court held that the cancellation was arbitrary, unsupported by law, and in violation of earlier binding judgments.
As a consequence, the connected contempt petition was also disposed of. The judgment brought closure to a dispute that had remained unresolved for decades.
Case Title: Lt. Col. Daljit Singh Dogra v. State of J&K & Others
Case No.: OWP No. 518/2018 (with connected matters)
Case Type: Writ Petition (Land Allotment / Government Order)
Decision Date: 29 December 2025
