Interim Order Modified to Allow University of Jammu to Proceed with Construction Activities
In a significant development, the Jammu & Kashmir and Ladakh High Court, under Justice Wasim Sadiq Nargal, has modified an interim order, allowing the University of Jammu to continue its development and construction activities on a disputed 50-kanal land in Budgam, originally claimed as state land. This decision was made in light of the petitioners, led by Syed Abbas Rizvi, having yet to establish declared ownership rights over the land, which is officially recorded as "Sarkar" in government revenue documents.
The University of Jammu had approached the court, seeking modification of the interim order dated February 13, 2026, which had previously restrained any activity on the land pending ownership claims by the petitioners. The university argued that the land had been lawfully transferred to it for the establishment of a research center, following due process by competent authorities, including the Divisional Commissioner of Kashmir.
Justice Nargal emphasized the need to balance private interests with larger public interests, especially in cases involving public developmental projects. The court noted the importance of not obstructing public interest projects, which are crucial for institutional planning and use of administrative resources. Citing the Supreme Court's decision in Ramniklal N. Bhutta v. State of Maharashtra, the court reiterated the importance of prioritizing public interest in land acquisition matters.
The court clarified that while the University of Jammu can proceed with its planned development, all activities must comply with legal requirements and obtain necessary statutory approvals. The decision also stressed that the development would remain subject to the final outcome of the main writ petition concerning the ownership rights.
In light of the modification, a contempt petition filed for the enforcement of the original interim order has been rendered moot and was dismissed.
Bottom Line :
Interim order in writ petition concerning claim of ownership over land alleged to be State land can be modified to permit University to carry out development and construction activities for public purpose, where petitioners have not yet established declared ownership rights and Court must balance private interest with larger public interest under Article 226.
Statutory provision(s): Article 226 of the Constitution of India
