MUSHTAQ AHMED Vs. STATE

JUDGEMENT

(1.) Petitioners in the present petition seeks issuance of a writ of certiorari for quashing the final award dt. 12.11.2010, passed by the respondent No. 3, with regard to the land, which is stated to be owned and possessed by the petitioner measuring 1 kanal 5 marlas, comprised under Khasra No. 262, land measuring 1 kanal 1 marla under khasra No. 263 and one kanal 4 marlas under khasra No. 264, situate at village Thaloran, tehsil Gandoh, district Doda. Counsel for the petitioners urged that no notice was issued to the petitioners which could have enabled them to file objections to the notification issued by respondent No. 3 under Section 4 of the Land Acquisition Act (in short 'Act'). It was urged that there was no enquiry conducted under Section 5-A(2) of the Act and the provisions thereof were not complied with nor the petitioners given an opportunity of being heard.

(2.) Notification under Section 9 and 9-A of the Act is also challenged on the ground that no notice was issued to the interested persons for filing objections, which the petitioners claim was a right available to them under the Act.

(3.) Another ground urged by the counsel for the petitioners is that the earlier survey conducted by the official respondents for construction of road which is almost 35 kms long, was subsequently changed without any approval by the Central Government. This was done for mala fide considerations as the change of road alignment had the effect of depriving the petitioners of their small parcel of land.