KANWAR KISHER DHAR Vs. STATE

JUDGEMENT

(1.) THE acquisition proceedings taken under the Jammu and Kashmir Land Acquisition Act, are the subject matter of challenge in these two writ petitions. Therefore, this order shall govern the disposal of both these petitions.

(2.) THE facts be noticed in each one of them. Writ Petition 706/96:

(3.) THE petitioners submit that they are the landholders in Mouza Barzulla, Srinagar. The land owned by them has been described in para 3 of the writ petition. The manner in which the land is owned by each of the petitioners has been detailed in para 4 of the petition. Petitioners submit that on account of law and order situated in the valley, they migrated to Jammu. The District of Srinagar where the land is situated, came to be described as a disturbed area und the Jammu and Kashmir Disturbed Areas Act of 1990. In their absence, it is stated, a notification was issued under Section 4(1) of the Act referred to above. This notification came to be issued on 30th March 94. A further notification under Section 6 of the said Act came to be issued on 26th June 95. Declaration in terms of section 17 was also made. It is these proceedings which are subject matter of challenge. The challenge is made interalia on the following grounds: i) That the description of land as given in section 4 does not in any way identify the land which is to be acquired. Mere mentioning of Khasra Nos. and their Min Nos., it is stated would not be sufficient compliance of law. What is sought to be urged is that unless and until the notifications makes it apparent as to which part of the land is to be acquired, the notification under section 4 cannot be sustained; ii) That in case, the notification under section 4 is bad, then the further steps taken under section 6 and other provisions of the Act, would also be bad. A vague notification as per the petitioners cannot take away rights of the petitioners. By referring to Section 6(2) of the Act, it is submitted that the declaration is to the punished in an official gazette and shall slat the District or other territorial divisions in which the land is situated. This having not been done, the further recourse to section 9 and 17 is said to be had. The land falling in an area which was declared as disturbed area is also pressed in aid for seeking setting aside of the proceedings. Respondent have filed objections.