MILITARY ESTATES OFFICER Vs. ZAMINDARAN AIR FIELD

JUDGEMENT

(1.) By an Act called "the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968" (shortly, the Act), the State Legislature has made provisions for the requisitioning and acquisition of immovable property in connection with the purposes of the State or of the Union. Section 21 provides for the requisition of the property at the instance of the Union and says as under : "21. Requisitioning of property at the instance of the Union.-- (1) Where any immovable property situate in the State is required by the Union Government in connection with the purposes of the Union and a requisition in that behalf is received by the Government, the Government shall notify that such property be requisitioned.

(2.) Upon such notification the provisions of the Act shall apply in the same manner as they apply in respect of the property requisitioned for the purpose of the Stale." 2. Section 7 provides for the power of the State Government to acquire the property which has been previously requisitioned either for the purposes of the Union or of the State. Section 7 reads as follows :

(3.) No property shall be acquired under this section except in the following circumstances, namely :--