The property taken over by government without any valid legal contract with caretaker trustee cannot be compensated. Jammu Kashmir and Ladakh High Court
The judgment in LPA No. 228/2025 (Ms. Sabiya Tariq v. UT of J&K & Others) arises from a long-standing dispute over the management and control of the Kashmir Nursing Home, which was earlier managed by the Sher-i-Kashmir National Medical Institute Trust. This litigation marks the second round, following an earlier judgment in 2005 that upheld the government's action of taking over possession of the Nursing Home and dismissed the writ petition from the Trust and related parties. ### Background and Core Issues - The central issue revolves around the legality of the government's 2003 order taking over the Kashmir Nursing Home. The Trust (respondent no. 2) originally operated the Nursing Home but was found unable to run it effectively, lacking the necessary expertise, staff, and resources. - The previous litigation involved conflicting opinions within a Division Bench, and the matter was resolved by the Chief Justice, who dismissed the petition and validated the government...