SIAN DASS Vs. COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) IT is not in dispute that proceedings were initiated under the Land Acquisition Act ( hereinafter referred to as the Act). Notification was issued under section 4 of the Act on 23 of March 1998. Further notifications were also issued under sections 6 and 7 of the aforementioned Act. Later on the department for whose benefit acquition was being made vide communication dated 10.7.99 informed the Assistant Comissioner Collecter Land Acquisition Rajouri that the land is not required. This is apparant from the stand taken by the respondents, in para C of the objections. This para is being reproduced below : That after the award was issued the indenting department vide communication dated 10.7.99 informing the Assistant Commissioner Collecter Land Acquisition Rajouri that the land acquired is not required for establishment of AO,SAO/CO office SSB Rajouri due to certain administrative and financial reasons. The copy of the communication is enclosed herewith and marked as annexure R/1. The learned counsel for the petitioner submits that as a notification under section 4 of the Land Acquisition Act came to be issued and as the petitioners were not in a position to sell the land, therefore, they have suffered loss. IT is submitted that in view of the provisions of section 46 of the J&K Land Acquisition Act the petitioners are entitled to some compensation. For facility of reference this section is being reproduced below :