MOHD. AYOUB Vs. STATE OF J & K

JUDGEMENT

(1.) Petitioners through the medium of this writ petition are seeking a writ in the nature of certiorari for quashing Notification No.AC/LA/573-76 dated 01.09.2017 issued by the Assistant Commissioner (Rev), Collector Land Acquisition, Rajouri - respondent No.3 herein, under Section 4(1) of the Land Acquisition Act 1990 (Svt) and also the record of Notification No.AC/LA/1299-1302 dated 02.03.2018 issued by the Assistant Commissioner (Rev), Collector Land Acquisition, Rajouri under Sections 9 & 9A of the Land Acquisition Act.

(2.) The facts-in-brief, as averred in the writ petition, are that the petitioners are owners of agricultural land measuring 75 kanals, 17 marlas and 06 sarsai comprising under Khasra Nos.29, 30, 33, 42, 43, 44, 57, 58, 59 and 88 situate in Village Muradpur, Tehsil and District Rajouri, which is the main source of their livelihood and their families. It is averred that some of the petitioners are refugees from Pak Occupied Area of the State since 1947 and they have been allotted land in this village for their survival. It is also averred that some of the petitioners have also constructed residential houses on the said land. Further, it is averred that respondent No.3 without prior information to the petitioners herein issued Notification No.AC/LA/573-76 dated 01.09.2017 under Section 4(1) of the Land Acquisition Act 1990 (Svt) declaring therein that the aforementioned land is required by the Law Department for public purpose, i.e., for construction of District Court Complex at Rajouri. By way of said notification, respondent No.3 invited objections within 15 days from the date of said notification.

(3.) It is averred that though the respondents did not publish the said notification in any newspaper, yet the petitioners herein filed their objections and also recorded their statements in support of their objections when they were called for hearing in the office of respondent No.3. It is averred that without going through the objections of petitioners and the concern raised by them, respondent No.3 issued Notification No.AC/LA/1299-1302 dated 02.03.2018, which too was not published in any newspaper. Though, the petitioners herein filed their objections on 11.08.2018, but the respondents did not accede to their request.