The High Court of Jammu & Kashmir and Ladakh at Srinagar has dismissed a petition filed under Article 227 of the Constitution of India, upholding the orders passed by the Principal District Judge, Anantnag, directing recovery of an excess amount of ₹2,61,34,972/- along with interest at 6% per annum from a landowner whose land was acquired for four-laning of the Srinagar-Jammu National Highway. Justice Wasim Sadiq Nargal held that the Court below rightly exercised its inherent powers under Section 151 CPC read with Section 17-B of the J&K Land Acquisition Act to correct an inadvertent error resulting in excess payment and to prevent unjust enrichment at the cost of public exchequer.
The petitioner’s land measuring 6 kanals and 2 marlas along with structures was acquired for the National Highway project. The Reference Court passed an award dated 15.07.2014 granting compensation at ₹30 lac per kanal for the land and separate amounts for structures, wayside amenities, petrol outlet, etc., while directing deduction of amounts already received. The award attained finality after dismissal of appeals by the High Court and the Supreme Court. Thereafter, the National Highways Authority of India filed an application alleging excess payment. The Principal District Judge, Anantnag, allowed the application vide order dated 04.02.2026 directing recovery of the excess amount with interest. A review petition filed by the petitioner was dismissed on 27.04.2026.
The High Court observed that the exercise of inherent powers under Section 151 CPC is not barred after conclusion of proceedings if aimed at preventing abuse of process or securing ends of justice. The Court below had not reopened or modified the award but merely corrected an arithmetical/clerical error leading to double payment. The Court held that Section 17-B of the J&K Land Acquisition Act is a statutory embodiment of the doctrine of restitution under Section 144 CPC and mandates adjustment and recovery of excess amounts paid during acquisition. Any excess payment, even if occasioned by clerical mistake, does not confer indefeasible right upon the claimant.
The Court rejected the contention that the amount paid towards demolition of structures was not part of compensation, holding that compensation under land acquisition extends to all interests in the land including structures. It further held that once the award directed deduction of amounts already received, it encompassed all payments related to the acquired land. The direction to pay interest at 6% was found just and reasonable to ensure complete restitution. The Court also noted that the petitioner’s attempt to re-agitate settled issues through review and the present petition was a tactic to avoid depositing excess public money.
Justice Nargal emphasised that supervisory jurisdiction under Article 227 is to be exercised sparingly only to correct jurisdictional errors, patent perversity or grave injustice and is not appellate in nature. Finding no such infirmity in the impugned orders, the petition was dismissed. The petitioner was directed to deposit the excess amount with interest within one month, failing which it shall be recovered as arrears of land revenue.
Case Details:
Title: Ali Mohammad Dar v. National Highways Authority of India & Anr.
Case No.: CM(M) No. 149/2026
Coram: Justice Wasim Sadiq Nargal
Date of Judgment: 07.05.2026 (Reserved on 05.05.2026)
Click HERE for full Judgment.
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