AKHUN HASSAN Vs. STATE OF J & K

JUDGEMENT

(1.) It appears from the reading of the averments made in the writ petition that the land of the petitioners is being utilised for the construction of Khul i.e. Canal. Therefore, the petitioners want that the respondents should be restrained from occupying or acquiring the said land and that the work contract granted in this regard be quashed. The petitioners in the petition are nowhere alleging that the land has been acquired, rather the prayer reveals that they want that it should not be acquired.

(2.) We are afraid that no such direction can be issued by the court so as to restrain the respondents or the government from acquiring any land if it is otherwise needed for public purpose.

(3.) The petitioners have not challenged the acquisition proceedings or any notification issued for acquiring the land. However, it appears that the land has already been acquired for the purposes of constructing a canal. It is in view of the above that a contract for construction has been awarded. The petitioners as such have no right to stall the construction of the canal on the acquired land.