LAWS(J&K)-2013-5-24

SAT PAUL Vs. STATE

Decided On May 13, 2013
SAT PAUL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Notification No.04 of 2006 dated 29.12.2006 issued under Section 4(1) of the State Land Acquisition Act, 1990 (for short "Act of 1990" ) and acquisition proceedings are called in question on many grounds, which include the non compliance with Part VII of the Act of 1990. The land has been acquired by the State Government for the benefit of respondent No.3, a Company. The petitioners have challenged the acquisition proceedings on many grounds.

(2.) From amongst various grounds of challenge, one ground, viz., non compliance with Part VII of the Act of 1990 being of clinching nature, other issues are not considered and are left open.

(3.) Learned counsel for the petitioners submitted that there is total non compliance with the provisions contained in Part VII of the Act of 1990, which render the entire proceeding illegal. Learned counsel, in support of his contention, that even after the publication of the Award, acquisition proceedings can be challenged, referred to a judgment of Hon" ble Supreme Court in case titled "Patasi Devi Vs. State of Haryana and Ors., 2013 AIR(SC) 856"