MOHAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) IN this writ petition, petitioner has called in question Notification issued under Section 4 of the Land Acquisition Act and declarations issued under Section 6 and further notifications issued under Sections 9, 9(a) and 17 of the Land Acquisition Act. The claim of the petitioner is that he is owner in possession of the land measuring one (01) Kanal 18 (eighteen) marlas of land covered by Khasra No. 56 min situated at Village Kundrorian Tehsil Katra and District Reasi.

(2.) THE case set up by the petitioner in the writ petition is that earlier Notification under Section 4 of the Land Acquisition Act was issued in respect of land measuring 547 kanals 6 = marlas and in terms of the Corrigendum to Notification 191- RD of 1977, one (01) kanal 18 (eighteen) marlas of land covered by Khasra No. 56 min was denotified. It is further claimed that in terms of Notification issued under Section 4 of the Land Acquisition Act dated November 14, 2009, the land of the petitioner was again notified for acquisition. Learned counsel for the petitioner submitted that petitioner was not given an opportunity to file objections and there has been violation of the fundamental Rights of petitioner and statutory Rights contained in the Land Acquisition Act.

(3.) THERE is one distinguishing factor in respect of the case of the petitioner, in view of the material placed on record and admission of respondent No.5 that the possession of land of the petitioner in respect of one (01) kanal 18 (eighteen) marlas has not been taken. Otherwise, after quashment of the Notifications and declarations, the possession of the land can be taken only in accordance with the State Land Acquisition Act.