GH RASOOL BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE writ petition has been filed praying for quashing the award passed under Land Acquisition Act dated 27.1.1999 and for direction to the respondents not to interfere with the land of the petitioner.

(2.) THE main submission made in the petition are that the petitioners inherited land measuring 10 Kanals under Survey No. 76 Min, 77 Min and 78 Min, situated at K. P Road, Anantnag, form their ancestors who died 30 to 40 year back, and the petitioners continued to be in possession of the said land. Respondent No. 2, without complying with the procedural requirements of informing the petitioners by beat drum, public notice and other modes provided under section 4 of the Land Acquisition Act, acquired the land in abject disregard of law passed award, without giving the petitioners an opportunity of objecting to the acquisition proceedings. It was only on 7.7.1999 that the petitioners came to know about acquisition proceedings and approached the official respondents with their objections, but the pleas of the petitioners constituting 37 families, belonging to pool strata of life, were not considered by the respondents and no compensation was paid, in violation of the fundamental rights, therefore, the intervention of the court is requested to quash the award.

(3.) WHILE admitting that 10 Kanals of land under Survey No. 76Min, 77Min and 78Min situated at K.P. Road, Anantnag, was acquired for the use of fire service Department in public interest, the stand and submissions made by the respondents, in their reply, is that notification under section 4 (2) of the Land Acquisition Act, was issued strictly in accordance with law, requiring the interested persons to file objections, if any, regarding the acquisition of land. It is further submitted that since the petitioners were not shown as interested persons, in any revenue record, therefore, there was no requirement under section 4 of the Land Acquisition Act, to issue personal notices to the petitioners before passing of the award. It is further submitted that the petitioners had acquired knowledge of acquisition proceedings on 7.7.1998, as per their admission, they could associate with the acquisition proceedings and file objections in case they had any existing interest supported by the revenue record. On these submissions, it is submitted that since acquisition proceedings have been completed by following due process of law and award dated 27.1.1999 has been passed, therefore, the writ petition, in the present form is not maintainable.