KHURSHID AHMAD NAZKI Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners are residents of Village Mamath Budgam and their grievance is against the notification of the Collector, Land Acquisition, Ring Road, Budgam, issued vide his No.DCB/LAS/016F-330/1358-67 dtd. 17/3/2022, to the extent it notifies proprietary land of the petitioners measuring 04 kanals, 14 marlas and 19 sqft. Comprised under Survey No.37-min of Village Mamath, Budgam, for acquisition under Sec. 4(1) of the J&K Land Acquisition Act, Svt. 1990 (for short 'the Act of 1990').

(2.) The short grievance projected by the petitioners is that in the earlier notification issued on 28th of March, 2019, for acquisition of land in Village Mamath for construction of Ring Road in District Budgam, the land of the petitioners was not notified. It is the allegation of the petitioners that under the influence of respondent No.12, the alignment of the road was changed so as to bring within acquisition the proprietary land of the petitioners.

(3.) The legal point that is raised before me by learned counsel for the petitioners is that no notification under Sec. 4(1) of the Act of 1990 could have been issued in the year 2022 for the reason that due to coming into operation of the Jammu and Kashmir Reorganization act, 2019, the Act of 1990 had been repealed and replaced by Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ['RFCTLARR Act'].