ZAKIR HUSSAIN Vs. STATE J & K

JUDGEMENT

(1.) The petitioners have approached this Court questioning Deputy Commissioner, Rajouri's Order acquiring their land measuring 27 Kanals 10 Marlas comprised in Khasra Nos. 714 pt, 717 pt, 723 pt and 724 pt situated at Village Fatehpur of Tehsil Rajouri under the State Land Acquisition Act.

(2.) Learned Senior Counsel appearing for the petitioners contends that the learned Deputy Commissioner's Order was unsustainable, in that, satisfaction recorded by him that the land was needed for public purpose was no satisfaction in the eyes of law, in that, the satisfaction contemplated by the provisions of Section 6 of the Act was required to be recorded by the Government. He further submitted that the petitioners were not allowed opportunity to file Objections to the proposed acquisition in terms of Section 5-A of the Act and omission of the respondents to comply with the provisions of the State Land Acquisition Act, before directing acquisition of land, renders the acquisition of petitioner's land unsustainable.

(3.) Per contra, Mr. A.H. Qazi, learned Additional Advocate General submitted that the power and authority vested in the State Government, having been delegated, inter alia, to the Deputy Commissioners vide SROs 235 & 236 of August 11, 2009, the declaration made by Deputy Commissioner, Rajouri that the 3 property was needed for Public purpose, cannot be faulted.