HAFIZA BEGUM Vs. STATE OF J AND K

JUDGEMENT

(1.) Petitioner has called in question the acquisition proceedings in respect to land measuring 1 Kanal 4 Marias comprising Survey No. 1494 situate in Town Pulwama as also the tender notice issued under No. B/EEK/88/89/15643-53 dated 31-1-1989 issued by respondent No. 4 for construction of a Bank building on the acquired land.

(2.) During the pendency of the writ petition, the original petitioner Abdul Gani Nangroo died and his legal heirs were brought on record vide order dated 28-3-2000 passed in CMP No. 03/1999.

(3.) According to the averments made in the writ petition a notification under Section 4 was issued for acquisition of land measuring 26 Kanals 7 Marias comprising survey No. 1494-Min. 1495, 1497, 1498-Min, 1509, 1507, 1506 and 1508 for construction of Bus Stand at Pulwama, which was for public purpose. The land notified for acquisition included land measuring 1 Kanal 4 Marias, belonging to the petitioner. The process for acquisition came to be commenced in the year 1982 and completed on 21-7-1984 with the passing of the final award. Petitioner claims to have objected to the acquisition by filing objections on the plea that the purpose for which the land is being acquired is not a public purpose. Petitioner intends to utilize the land for his personal use.