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

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Written by Ashish ShajiNew Delhi | Updated: January 2, 2026 11:50 AM IST 3 min readJustice 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.CaseThe 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.Also Read | ‘Lawlessness’ and demolitions: Bombay HC’s reality check for Mumbai Metropolitan Region civic bodies over illegal constructionsHe 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.Story continues below this adThe 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.Also Read | SC issues guidelines to curb illegal demolitions: what it said, what do state laws say?Raebareli caseThe 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.Story continues below this adThe 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.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More © IE Online Media Services Pvt LtdTags:Jammu and Kashmir High Court