SRINAGAR: The High Court of Jammu Kashmir and Ladakh has permitted the University of Jammu to proceed with development and construction activities on 50 kanals of land at Sharief-Abad in Budgam, while making clear that the work will remain subject to the final outcome of an ongoing ownership dispute.
Justice Wasim Sadiq Nargal, in an order dated September 21, modified the court’s earlier interim direction of February 13, 2026, which had restricted interference with the disputed land bearing Survey No. 217-min.
The court said the petitioners had not, as of now, been declared owners of the land and that their claim for ownership was itself pending adjudication in the main writ petition.
The land, measuring 50 kanals and situated at Estate Sharief-Abad, Tehsil and District Budgam, has been identified for establishment of a Jammu University Research Centre/Campus. According to the University’s application, the land is recorded as State land in the revenue records, with “Sarkar” entered in the ownership column and “Makboza Sarkar” in the possession column.
The court noted that the land had been identified following verification and demarcation by the competent Revenue Authorities and subsequently found feasible and suitable by the University of Jammu for the proposed centre/campus.
The University stated that the Divisional Commissioner, Kashmir, had sanctioned transfer of the State land for the public purpose through Order No. 108-DIVK-LAS of 2025 dated December 5, 2025, following which possession was formally handed over to the University.
The Government also maintained before the court that Survey No. 217 comprised 192 kanals and nine marlas and that the land continued to be recorded in the name of “Sarkar” in the 2020-21 Jamabandi, with possession recorded as “Makboza Sarkar”.
The petitioners, however, are seeking declaration of ownership rights over 193 kanals and nine marlas falling under Survey No. 217-min, relying on Government Order No. LB-6/C of 1958 dated June 5, 1958 and Government Order No. S-432 of 1996 dated June 3, 1996.
The court stressed that it was not expressing any final view on the rival claims over the land.
“As on date, the petitioners have not been declared owners of the land in question,” the court observed, adding that their ownership claim remained to be adjudicated in the main petition.
The court also referred to the Supreme Court judgment in Ramniki Lal N. Bhutta and Another v. State of Maharashtra and Others, concerning the need to balance private interests with wider public interest while exercising discretionary jurisdiction in matters involving public projects.
Accordingly, the High Court held that the February 13 interim order should be modified to the limited extent necessary to allow the University of Jammu to proceed with development and construction activities over the land.
The University has been directed to undertake the work strictly in accordance with law and subject to all requisite statutory permissions, sanctions and approvals from competent authorities. The petitioners have been temporarily restrained from interfering with the development and construction activities once the land has been duly transferred to the University by the competent authority.
The court clarified that all such activities will remain subject to the final outcome of WP(C) 176/2026 and any further orders passed in the matter.
It also made clear that the order should not be treated as a final determination of the rights, title or interests of either side in the disputed land.
The main writ petition has been listed for consideration on October 23, 2026.
A related contempt petition, CCP(S) 60/2026, seeking implementation of the February 13 order was closed as infructuous after the interim order was modified. The court discharged the rule, if any, and disposed of the contempt proceedings.
