HC bars third-party rights over 1,076 kanals of land allotted to HIAL

15/09/2026

Jammu, Sep 14: The High Court of Jammu and Kashmir and Ladakh has restrained the Ladakh administration from creating any third-party interest in 1,076 kanals and one marla of land at Phyang Thang in Leh, which was earlier allotted to the Himalayan Institute of Alternatives, Ladakh (HIAL) and subsequently cancelled by the authorities.
Justice Sanjay Dhar passed the interim direction while hearing a writ petition filed by HIAL through its co-founder and CEO Gitanjali J Angmo, wife of climate activist S-onam Wangch-uk. The court iss-ued notice to the respondents on the petition challenging an August 21, 2025 order of the Deputy Commissioner-cum-CEO, LAHDC-Leh, cancelling the allotment of the land.
The disputed land was allotted to HIAL under an order issued on May 5, 2018 for establishing an alternative university focused on mo-untain development.
According to the petition, the allotment comprised 545 kanals and eight marlas under Khasra No. 5357/ 5199 and 530 kanals and 13 marlas under Khasra No. 5358. The allotment was for 40 years, subject to execution of a lease deed and completion of other formalities.
HIAL claimed that it had applied for execution of the lease deed within 15 days of the allotment and subsequently commenced infrastructure development and academic activities at the site.
The institute contended that possession of the land had been handed over to it and that the delay in execution of the lease deed was attributable to the authorities.
The petition said the execution of the lease deed remained pending following Ladakh's transition into a Union Territory, the COVID-19 pandemic and the proposed formulation of a new lease policy.
It relied on official communications issued in March 2020 and February 2021, which, according to HIAL, indicated that the lease deed was under process and permitted continuation of construction activities pending finalisation of the new policy.
The institute claimed that it subsequently developed substantial infrastructure at the site and undertook academic, ecological and community-oriented programmes.
However, the allotment was cancelled by the Deputy Commissioner-cum-CEO, LAHDC-Leh, on August 21, 2025, on grounds including non-establishment of the proposed university, non-execution of the lease deed and the alleged absence of formal handing over and taking over of the land.
The cancellation order also directed that the land be escheated to the State/LAHDC and that encumbrances be removed from the revenue records, the petition said.
Senior advocate SiddharthLuthra, appearing for HIAL along with advocates Rahil Raja, Bahuli Sharma, Dilawar Khan and Susan Maria Mathew, argued that the cancellation was legally unsustainable and that the failure to execute the lease deed could not be attributed to the institute.
Counsel also submitted that HIAL had not been given notice before cancellation of the allotment despite allegedly remaining in possession and undertaking development activities on the land for several years.
The petitioner invoked the doctrine of legitimate expectation, arguing that repeated official communications and assurances had led it to believe that the lease deed would eventually be executed.
The institute has sought quashing of the cancellation order, restoration of the allotment and a direction to the authorities to execute the lease deed in accordance with the original 2018 allotment order.
It has also sought protection of its possession and ongoing activities at the Phyang site. The Ladakh administration was represented by DSGI Vishal Sharma along with CGSC EishaanDadhichi. Dadhichi waived notice on behalf of the respondents and sought time to file a reply, which was granted by the court.
As an interim measure, the High Court directed that the respondents shall not create any third-party interest in the subject property, subject to objections from the other side and until the next date of hearing.
The matter has been listed for October 21, 2026.
The court has not, at this stage, quashed or stayed the 2025 cancellation order itself. The interim protection is limited to restraining creation of third-party interests in the disputed land while the petition remains pending.

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