ROMESH CHANDER Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) These intra Court appeals by the appellants (hereinafter referred to as "writ petitioners") are directed against a common judgment dtd. 29/12/2022 passed by a learned Single Judge of this Court ["Writ Court"] in WP(C) No.589/2020 and 1089/2020 along with other connected petitions, whereby the Writ Court has rejected the challenge of the writ petitioners to the land acquisition notifications issued by respondent No.5- Collector Land Acquisition (Sub Divisional Magistrate), Jammu under Ss. 4, 6, 9 and 9A of the J&K Land Acquisition Act, 1990 ["the Act of 1990"] and the final award dtd. 9/9/2019.

(2.) Before we advert to the grounds of challenge urged on behalf of the writ petitioners to assail the impugned judgment of the Writ Court, it is necessary to set out few material facts leading upto the filing of the instant appeals. The facts from LPA No.158/2020 are being taken.

(3.) Bishan Dass, who is now deceased, claimed to be the owner of land measuring 4 kanals falling in Khasra No.137 min, khewat No.73 min and Khata No.762 min situated in village Paloura on the basis of a registered gift deed executed by the erstwhile owner Sh. Punjab Singh. He also claimed to have purchased another piece of land measuring 10 marlas from one Sh. Amar Nath in terms of sale deed dtd. 17/11/1983 duly registered on 29/11/1989. It was also claimed by said Bishan Dass that on the land owned by him he had constructed a single stroeyed house along with four shops. Similarly, writ petitioner No.2-Sukeshi Verma also claimed to be the owner in possession of land measuring 5 ' marlas underlying Khasra No.138 of village Paloura. He also claimed to have constructed a small house. Similarly, writ petitioner Nos. 3 to 5 claimed that their father, namely, Sh. Bishan Lal had purchased a piece of land measuring 10 marlas comprising of khewat No.23, khata No.762-min and khasra No.137 min situated in village Paloura through a valid sale deed executed by erstwhile owner Sh. Krishan Lal. They also claimed to have constructed a single storeyed house on the said land. Writ petitioner No.6 claims to be owner in possession of land measuring 8 ' marlas comprising of Khasra No.137-min situated in village Paloura through gift deed executed by his real uncle on 20/8/2014. He also claimed to be in possession of two more marlas of land. He claimed to have constructed two residential houses on five marlas each.