KULDEEP SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) By this common judgment, I propose to decide and dispose of the above seven writ petitions, founded on, somewhat, common material facts, having been clubbed and heard together, and the two contempt petitions filed by the rival parties. Of course there are numerous civil miscellaneous petitions filed by the rival parties connected with their petitions which will naturally abide the ultimate decision. At the outset, it needs to be mentioned that the basic question which has been raised in these petitions is that the acquisition of the land has lapsed on account of non-passing of award within the period of two years prescribed in Section 11-B of the State Land Acquisition Act, Samvat 1990 (hereinafter referred to as the Act), but the rival pleadings of the parties also contain such issues and, of course, arguments were also advanced at the Bar by the respective counsels on such points as fall beyond the contours of extra ordinary writ jurisdiction of this Court as well as the pale of the reliefs prayed for in the writ petitions. It is the admitted position that there is civil litigation pending in the Civil Court between the parties pertaining to the land in question. Therefore, it will not be proper for this Court to advert to any of the pleadings made by the parties, or arguments advanced at the Bar, which is unconnected with the basic question raised in these petitions, lest it should cause prejudice to either of the parties in the pursuit or defence of the civil litigation. However, narration of some background facts becomes imperative.

(2.) On 11.01.2003, the Sainik Cooperative House Building Society Ltd., Jammu, through its Chairman, made an application before the Collector, Deputy Commissioner, Jammu, stating therein, inter alia, that the Government pursuant to notification No. RD 33 of 1970 dated 16.03.1970 read with notification No. RD-204 of 1990 issued under endorsement No. Ref. Rev(LAB) 62/88 dated 03.12.1990 and notification No. 1.A/747-48 dated 19.12.1973 had acquired about 510 acres (precisely 4312 Kanals & 17 Marlas) of land in villages Sunjwan and Chowadi of Tehsil and District Jammu for the aforesaid Society for setting up of a housing colony for about 4000 families of defence personnel, and handed over the same to the Society. In the aforesaid application, the Society claimed that all the adjoining Khasra numbers were included in the notification issued by the Government, but, due to inadvertence, Khasra numbers 772 and 773 were left over. The Society stated that half of the land was a Khad passing through the centre and that since 1971, after taking over possession of the land, it levelled the land, constructed roads, culverts, raised buttress walls, developed plots and allotted the same to its members which includes the two Khasra numbers 772 and 773. It further stated that even houses and plinths have been raised on the land in question. On account of overall development around the area, certain land grabbers are claiming ownership of the land comprised in these two Khasra Nos. 772 and 773 on the plea that the same was not awarded to the Society and, thereby are trying to encroach upon the land of the Society in connivance with the revenue officials and police, which has given rise to tension on the spot. The Society, accordingly, vide the aforesaid application, requested the Collector, Deputy Commissioner, Jammu, that the land in question is urgently required for public purpose and made the following prayers therein:

(3.) Pursuant to the above, notification under Section 4(1) of the Act with respect to 156 Kanals and 12 Marlas of land comprised in Khasra Nos. 772 (44 Kanals, 04 Marla) and 773 (112 kanals, 08 Marlas) was issued on 31.05.2006.