VISHWA NATH Vs. COLLECTOR

JUDGEMENT

(1.) SECTION 4 1 of the Jammu and Kashmir Land Acqusition Act, 1993, reads thus :

(2.) SECTION 4 of the Act is in pari -materia with Section 4 of the Central Act. Section 4 of the Central Act, fell for consideration by the Supreme Court in the case of Sate of Mysore Versus Abdul Razik Sahib AIR 1973 S. C, 236. The court held that the provisions of Section 4 are mandatory and accordingly if a notification issued under this section does not comply with any of its requirements it would not be a valid notification. On this principle, it must be held that the provisions of Section 4 of our Act are mandatory and accordingly if the notification issued there under does not comply with any of its requirements, the notification would be invalid and equally so, the subsequent proceedings for acquisition based thereon. In the present case, the admitted position is that the notification under Section 4 was neither published in the Government Gazette nor was it affixed at any convenient place in the concerned locality. Nor even was it made known by beat of drum. It has, however, forwarded to the a copy of this notification was forwarded to the Patwari who sent up a report which shows that he had made the substance of the notification known to the inhabitants of the locality concerned. The relevant report has been filed along with his counter affidavit by the Collector. But no effort has been made to cause the affidavit of the Patwari concerned to be filed in order to support the report and consequently no reliance can be placed on this report. Applying the principle stated above, the notification under section 4 is clearly invalid and, equally so the subsequent proceedings for acquisition based on it, In the circumstances, the acquisition proceedings in the present case are void, illegal, and liable to be set aside.

(3.) THE result therefore, is that this petition succeeds and is allowed. The impugned acquisition proceedings are hereby set aside. This order shall not, however, prevent the respondents from taking fresh proceedings for acquisition in accordance with law, if so advised. There shall be no order as to costs.