AVTAR KRISHAN Vs. STATE OF J&K

JUDGEMENT

(1.) For construction of new bus stand and approach road Katra, land measuring 422 kainais and 12 1/2 marlas situated at village Kundrorian (Katra) has been notified to be acquired in terms of sub-section (1) of Section 4 of the Land Acquisition Act (hereinafter referred to as "the Act). The petitioners of above referred petitions have filed objections as against the said acquisition. Collector (respondent No. 2) has prepared the note and submitted to the Government which resulted in issuance of notification No. 22-RD of 2010 dated 23.9.2010 where-under declaration under Section 6 of the Act has been issued to the effect that the land referred is needed for public purposes, Collector (respondent No. 2 has been directed to take order of acquisition of the said land under Section 7 of the Act. The respondent No. 2, under Section 9 and 9A of the Act, vide notification dated 29.9.2010, has made it public that notification No. 22-RD of 2010 dated 23.9.2010 and notification No. 23 -RD of 2010 dated 28.9.2010 under Section 17 of the Act have been issued by the Government with direction to the Collector to take possession of the referred land on urgency bases and has thereby made it clear that he is empowered to take over possession on expiry of 15 days from the publication of notification under Section 9 and 9A of the Act. Further it is added that the Collector has assessed the payment of compensation, mention of which is made in the said notification, which shall be paid to the land owners/interested persons, accordingly has called upon the land owners/interested persons to submit their objections within 15 days and to state their respective interests in the land, amount and particulars of their claims/compensation and their objections, if any, regarding measurement of land and kind of soil. In response thereto, the petitioners of all the petitions have filed their objections wherein they have stated that without any prejudice to their right in the writ petition(s) and without prejudice to their right to compensation claimed in the writ petitions, the compensation offered is in-sufficient and have also added that the market value of the property is not less than Rs. 1.50 crore per kanal, so reference shall be made to the District Court for determining true and correct value of the property. However, it has been again reiterated that it shall be without prejudice to their right to challenge the acquisition proceedings itself.

(2.) The petitioners of all the writ petitions have projected that their objections vis-a-vis acquisition of the land have not been considered which is in violation of the right guaranteed to them under sub-section (2) of Section 5-A of the Act. It has also been projected that the provisions of the Act i.e. Section 4, Section 6, Section 7, Section 9 and 9A and Section 17 have not been strictly complied with. It has also been projected that the acquisition of the land is not for public purposes. If such acquisition for construction of bus stand is permitted, same will disturb ecology and the environment will be polluted. It is also stated that the right to property in the State of J&K continues to be a fundamental right, such a right cannot be taken away without observing due process as contemplated by law. Further it is added that the land proposed to be acquired is a green patch located in the heart of Katra town. Cutting of lot of fruit trees shall be a resultant effect of construction of bus stand.

(3.) On the other hand, respondents have projected that the land is required for public purpose, most of the land owners/interested persons have accepted the acquisition without any murmur, it is only a handful of persons (petitioners) who, for their vested business interests, are creating hurdles. There is a provision for construction of bus stand available in Master Plan of 2021 which has been approved under the J&K Development Act. Huge rush of pilgrims to Shri Mata Vaishno Devi shrine is taken care of and for the convenience of general public coupled with pilgrims, construction of bus stand at Katra, which is the base camp for pilgrims, is unavoidable. It is only after due deliberations with all concerned authorities that the land has been identified for the purpose. The question as to whether land acquired for new bus stand is for public purpose has already been settled by the Division Bench of this Court in Writ Petition (PIL) No. 878/1999. It is also added that the proceedings for acquisition of the land for construction of bus stand were initiated in the year 1997 but some vested interested persons filed above referred PIL which finally came to be decided on 23.5.2002 wherein it has been held that the land is being acquired for public purpose i.e. for the construction of bus stand and any direction to the State not to construct the bus stand would defeat the public purpose.