High Court upholds Rs. 7.2 lakh compensation to Ramban resident for house damage
10/10/2026
JAMMU, Oct 9: The High Court of Jammu and Kashmir and Ladakh has dismissed an appeal filed by the Union Territory administration and two PMGSY officials, upholding a trial court order directing payment of Rs. 7.2 lakh as compensation to a Ramban resident whose house was damaged following road construction work.
Justice Shahzad Azeem, while delivering the judgment on October 9, affirmed the August 30, 2022, judgment of the Principal District Judge, Ramban, in a civil suit filed by Mohd. Iqbal, a resident of Ghari village in Rajgarh tehsil.
The trial court had directed the defendants to pay Rs. 7.2 lakh, along with interest at 7.5 per cent per annum from the date of institution of the suit until realisation.
The dispute arose from the construction of the Karol-Kumate road, where earth cutting and the failure of a protection wall allegedly led to cracks and damage to Iqbal's double-storey house in March 2014.
The administration challenged the decree, contending that Rs. 1.75 lakh had already been paid for damage to the old house and that subsequent damage could have resulted from rainfall and reconstruction undertaken by the owner without technical approval.
However, the High Court observed that the plaintiff's witnesses had attributed the damage to road cutting and the failure of the protection wall. The defendants had neither effectively challenged these assertions during cross-examination nor produced defence evidence to establish their claim.
Justice Azeem also noted that the defendants had not sought the framing of additional issues during the trial and could not rely on their omission at the appellate stage to seek a fresh opportunity to establish their defence.
The court further observed that the claimed earlier payment of Rs. 1.75 lakh had not been substantiated through evidence, while the assessment of damages amounting to Rs. 7.2 lakh remained unchallenged by any counter-valuation.
Finding no illegality or perversity in the trial court's judgment, the High Court upheld the compensation decree and dismissed the appeal. No order as to costs was passed.
The appellants were represented by Advocate Mehar Bali, appearing on behalf of Advocate Ravinder Gupta, while Advocate Azmat Ullah appeared for Mohd. Iqbal.
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