ASHIQ HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) Heard Sh. R. D. Singh Bandral, Sh. S. S. Nanda and Sh. Ravinder Gupta learned counsel for the parties.

(2.) The petitioners have invoked the writ jurisdiction of this court for quashing of notification dtd. 8/10/2012 issued under Sec. 6/7 of the Jammu and Kashmir Land Acquisition Act, 1990 (hereinafter referred to as the Act) and the consequential notices issued under Sec. 9 and 9-A thereof and pray that the acquisition proceedings be started afresh, if necessary so as to acquire the land in question.

(3.) The petitioners allege that about 130 kanals and 4.5 marlas of land was notified for proposed acquisition under Sec. 4 of the Act for the construction of Mavalkote-Suranda to Thetharka Road in Village Thetherka, Tehsil Gool District Ramban. It was followed by a declaration under Sec. 6(1) of the Act dtd. 18/10/2012. Thereafter, a tentative award was prepared on 13/6/2013 in respect of the above acquisition but till date no final award as contemplated vide Sec. 11 of the Act has been pronounced.