LAWS(J&K)-2010-2-40

ALI MOHD. NAJAR Vs. STATE

Decided On February 03, 2010
Ali Mohd. Najar Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) In the newly created. District Headquarter at Shopian, for construction of Mini secretariat, land was required to be acquired. In this connection indenting department (Revenue) through Chief Planning Officer, Shopian (hereinafter referred as IPO) vide letter dated 14.8.2007 addressed to Collector Land Acquisition (Assistant Commissioner, Revenue) Shopian forwarded the indent for acquisition of land measuring 55 kanals and 11 marlas situated at village Gagran Shopian. Same was notified in terms of Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act"). Subsequently one more indent was sent by the said CPO for acquiring additional land measuring 34 kanals 14 malras as is clear from the letter dated 29.9.2007 addressed to Collector, consequently one more notification under Section 1(1) of the Act under the head corrigendum has been issued by the Collector on 1.10.2007. Objections seem to have been filed by the land owners. In the meantime said CPO vide his letter dated 3.11.2007 addressed to the Collector conveyed that in view of the decision taken on spot on 25.10.2007, the identified land measuring 47-50 kanals situated at Batapora Shopian Bye-pass Road be acquired for the construction of Mini Secretariat. Collector has also been requested to de-notify the land notified vide notification dated 18.8.2007 and 4.10.2007. The de-notification of the said land by the Collector is reflected in the records.

(2.) After de-notification, the CPO has again along with letter dated 14.11.2007 enclosed indent for acquisition of land measuring 69 kanals 16 marlas and 3 sirsais. Collector in turn has issued the notification under Section 4 dated 13.11.2007 for acquisition of land measuring 47 kanals 15 marlas and 14 sirsais situated at Batapora Shopian.

(3.) Then again the CPO vide his letter dated 15.11.2007 has enclosed an indent for acquisition of land measuring 22 kanal and 8 sirais situated at village Batapora. As a result thereof, one more notification under Section 4 is shown to have been issued by the Collector on 23.11.2007.