PREM NATH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners seek a writ of certiorari or other appropriate writ, order or direction for quashing the proceedings taken by respondents 1 and 2 under the Land Acquisition Act.

(2.) THE petitioners were owners of a certain, land in the town of Anantnag. On a portion of the land they had built a three storeyed building with seven shops on the ground floor. The other two upper storeyâ„¢s were used by them as residential quarters. On account of a fire which broke out in the Anantnag bazar in the year 1952, the building of the petitioners along with several other buildings was burnt down. The Chairman of the Town Area Committee Anantnag unauthorized allowed one Qadir Suthu predecessor -in -interest of respondents 3 to 8, to take possession of three odd marlas of the petitioners land and build on it. Ignoring the protest of the petitioners, respondent No. 3 constructed a three storeyed building on the three odd marlas of land belonging to the petitioners. Having failed to obtain redress, the petitioners served a notice on the Government under Sec. 80 of the Code of Civil Procedure on 23rd September 1953 setting out the above facts and also brought to their notice that another extent of land measuring about 5 marlas had been taken by the Public Works Department for widening road. Although the Government directed the subordinate revenue officers to take proceedings for assessing the amount of compensation and return of possession to the petitioners, nothing came out of it; on the other hand, proceedings under the Land Acquisition Act were started for acquisition of the petitioners land.

(3.) A notification under S. 4 of the Land Acquisition Act was published in the Government Gazette on 12th Chet 2010. That notification expressly stated that the provisions of S. 5A of the Act shall not apply to the case. A notification under S. 6 was simultaneously published stating that the land was required for purposes of Anantnag Achabal road. No Notification as contemplated by S. 9 of the Land Acquisition Act was ever issued to the petitioners.