MOHD SULTAN KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THESE seven petitions involve somewhat common facts. However, before stating the individual facts of these cases, I deem it appropriate to narrate the genesis of the controversy that is involved in these cases. These facts would also shed some light on casual approach of the concerned governmental functionaries in a matter involving State exchequer.

(2.) WAY back in 2004, a proposal was mooted by the State Tourism Department through Chief Executive Officer, Pahalgam, for expansion of Pahalgam Golf Course for which certain lands were required to be acquired. The proposal was discussed in a meeting chaired by the Chief Minister on 18.04.2004 and the Chief Executive Officer, Pahalgam Development Authority, was authorized to place an indent with the Deputy Commissioner, Anantnag, for acquisition of land. Prior to that the Tehsildar concerned appears to have furnished the relevant details, presumably based on revenue records, of the land to the Chief Executive Officer, Pahalgam Development Authority. After the aforesaid authorization, the Chief Executive Officer addressed communication no. PDA/CEO/INCL / 1385 -90 dated 14.05.2004 to the Deputy Commissioner, Anantnag, in which he, inter alia, stated as under: "The broad details of land coming under the upgradation / expansion of Pahalgam Golf Course have already been mentioned in the letter referred to above on the basis of the site plan prepared under the supervision of Golf Consultant. The revenue records submitted by the Tehsildar Pahalgam indicate that land measuring 61 kanals 13 marlas in estate Laripora situate on Pahalgam Golf Course Laripora road and 378 kanal 10 marlas situate between Maize farm / private land and proposed dear park is to be acquired / transferred. The details of the land are as under: <FRM>JUDGEMENT_1_TLJ&K0_2014.htm</FRM>

(3.) NOTWITHSTANDING the above, and unmindful about the aforesaid caution and a request made by the Chief Executive Officer that the concerned Collectorate shall have to determine the eligibility of claimants, on the basis of land records, the Additional Deputy Commissioner, Collector, Anantnag, issued notification no. LA901) of 2004 dated 04.05.2004 under Section 4 of the Jammu and Kashmir Land Acquisition Svt. 1990 (for short hereinafter, the Act) in respect of the land comprised in aforesaid Khasra nos. measuring 392 kanals and 13 marlas.