NISAR AHMED GANAI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) All the three writ petitions are identical and similar on facts. They give rise to a common question of law and, as such, have been taken up together with the consent of the parties.

(2.) The petitioners through the medium of these writ petitions under Article 226 of the Constitution of India want that the respondents be restrained from passing an award under Sec. 11 of the repealed Land Acquisition Act Svt. 1990 which is in pari materia with the Land Acquisition Act, 1894 and, that they should be paid compensation of their acquired land in accordance with the provisions of Sec. 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the new Act').

(3.) In addition to the above primary relief claimed in the writ petitions, the petitioners have also prayed that the notification dtd. 15/11/2016 issued under Sec. 4 of the Land Acquisition Act (for short 'the Act') and the declaration dtd. 12/11/2018 issued under Sec. 6 of the Act as also the ancillary notices issued under Sec. 9 A and 9 B of the Act be quashed.