DWARKO Vs. STATE OF J&K

JUDGEMENT

(1.) NOTIFICATION under section 4 of the Land Acquisition Act (hereinafter called the Act) was issued by the respondent No. 2 with respect to the land detailed in Annexure -A which was sought to be acquired for the public purpose of establishment of industries at village Thanda Paddar Tehsil Udhampur. The notification issued on Oct. 3 -1979 invited persons interested to file objections to the proposed acquisition within 15 days. The petitioners alongwith others filed their objections which are attached with the petition as Annexure B -l and B -2. Vide Annexure -C dated 8 -4 -1980 the Govt. issued notification making a declaration under section 6 of the Land Acquisition Act with respect to the aforesaid land. The notices under sections 9 and 9 -A of the Act were also issued directing the persons interested to State the nature of their claim to the compensation and objection, if any, to the measurement etc. By means of this writ petition, a prayer has been made for quashing the notification of the respondents Annexure -C issued on 8 -4 -1980 and notification dated April 30 -1980 Annexure -D. It is submitted that notice under section 4 of the Act issued for the purposes of Acquisition of the land was bad as section 5(2) of the Act had not been complied with. The notice under section 6 of the Act is alleged to be illegal inasmuch as the report under section 5 -A of the Act is stated to have not been considered and objections not takers into consideration. Notices under sections 9 and 9 -A of the Act are also alleged to be illegal and contrary to law. It is submitted that the petitioner No. 1 to 3 were never served with the notice under section 4 and did not know about the pendency of the proceedings. It is submitted that, the petitioners were not afforded an opportunity of being heard either in person or through their pleader as is mandate of section 5 -A of the Act.

(2.) IN the counter -affidavit filed on behalf of respondent No. 2, it is submitted that the notice under section 4 of the Act was issued by respondent No. 2; copy of which was sent to Tehsildar, Udhampur who had forwarded the same to the Patwari Halqa under his No. 1495/OQ dated 7 -11 -1979. The interested persons including the petitioners were served with the notice through village Chowkidar. The notification was made known in the locality by placing the same at a conspicuous place as well as by beating of drum. On coming to know of the said notification, the petitioners Nos. 2,3,5,6,7 & 8 filed their written objections dated 12 -11 -1979. It is claimed that the objections filed by the petitioners and others interested persons were considered by the Collector whereafter the case was submitted to the Government alongwith the record of acquisition proceedings under letter No. 3542 -44 dated January 28, 1980. After considering the objections filed, the Govt. issued the notification under section 6 of the Act. It is submitted that the interested persons appeared in response to the notices issued under sections 9 and 9 -A of the Act and demanded a compensation at the rate of Rs. 40,000/ - (Forty thousand only) per kanal. The writ petition is alleged to be misconceived and liable to be dismissal.

(3.) I have heard the learned counsel for the parties and perused the record.