KULDEEP SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS claim to be agriculturists and are residents of Village Kote (Purkhoo), Tehsil Jammu. They are aggrieved of acquisition notice issued under section 4 (1) of the Jammu and Kashmir Land Acquisition Act in respect to land comprising 1109 Kanals 15 Marlas whereby the proceedings for acquisition of the land have been initiated for purposes of establishing a Housing Colony by the Jammu Development Authority.

(2.) IT is the case of the petitioners that the land in question is agricultural land and the State Government has provided irrigation facilities through Ranjan Canal from River Chenab for the irrigation of this land and the adjoining areas. Their main source of livelihood is the land, subject matter of acquisition. It is also stated in the petition that there is non -agricultural land available in the vicinity which can be utilized for the purposes of establishing a Housing Colony. Notice dated 31 -1 -2001 issued by the Collector, Land Acquisition, Jammu Development Authority as published in a local newspaper, namely, Daily Excelsior has been assailed on variety of grounds viz - - (i) that respondent No.2 though designated as Collector has not been conferred the power of Collector as prescribed under law and is thus incompetent to initiate the acquisition proceedings and issue the impugned notice; (ii) the Jammu Development Authority is not entitled to acquire the land of its own; (iii) the Jammu Development Authority can only make a requisition for acquisition of the land after a Master Plan and Zonal Plan indicating its intention to establish a Housing Colony are prepared and duly approved by the State Government.

(3.) RESPONDENT No.2 has filed objections to the writ petition refuting the allegations contained in the writ petition. The competence of respondent no.2 to initiate acquisition proceedings is sought to be established on the basis of Government Order No. 959 -GAD of 2000 dated 16 -8 -2000 whereby Brij Mohan Sharma was transferred and posted as Collector, JDA by the Government. The acquisition of the land in question is sought to be justified, same being for public purpose as defined under the provisions of the Land Acquisition Act.