Court affirms that mutation entries do not grant title, directs compensation disbursement subject to civil suit outcome.
In a significant judgment, the Jammu and Kashmir High Court has ruled on the contentious issue of compensation disbursement for acquired land, reinforcing the principle that mutation entries in revenue records do not confer or extinguish title. The Division Bench comprising Justices Sanjeev Kumar and Sanjay Parihar delivered the verdict on June 5, 2026, in the case of Atiqa Begum and Others v. UT of J&K and Others.
The appellants, successors-in-interest to Abdul Ahad Ganie, contested the compensation disbursement for land acquired under the National Highways Act, 1956. They argued that the mutation entries favoring respondent No. 5, a co-heir, were erroneously treated as conclusive proof of ownership by the writ court, which dismissed their petitions.
The court clarified that mutation entries are fiscal records, not definitive of ownership, and the Collector's jurisdiction is limited to apportioning compensation based on existing revenue entries. It emphasized that the adjudication of title disputes lies within the civil courts' purview, not the Collector's.
The appellants had sought a reference to the civil court under Sections 3G and 3H of the National Highways Act, claiming joint ownership rights. However, the court noted that the appellants were not recognized as "interested persons" in the revenue records, thus justifying the Collector's refusal to make such a reference.
In its decision, the court dismissed the appeals, supporting the Collector's stance that compensation should be disbursed to respondent No. 5, subject to the outcome of the pending civil suit. Respondent No. 5 is required to furnish a bank guarantee equivalent to half of the compensation as security, safeguarding the appellants' potential claims.
The judgment reaffirms the legal position that revenue records are primarily for fiscal administration and do not determine proprietary rights. It underscores the necessity for parties to seek civil court adjudication in cases of title disputes, ensuring procedural compliance and protection of rights under the law.
Bottom line:-
Mutation entries in revenue records do not create or extinguish title and are maintained merely for fiscal purposes. The Collector under the National Highways Act, 1956, is not vested with jurisdiction to adjudicate disputed questions of title or determine proprietary rights.
Statutory provision(s): National Highways Act, 1956 Sections 3G, 3H
Atiqa Begum v. UT of J&K, (Jammu And Kashmir)(DB)(Srinagar) : Law Finder Doc id # 2917942
