UNION OF INDIA Vs. JIA LAL

JUDGEMENT

(1.) The instant appeal under Clause 12 of the Letters Patent is directed against the judgment and order dated 05.05.2010 rendered by a learned Single Judge of this Court while disposing of OWP No.863/2004, holding that the petitioners-respondent Nos.1 and 2 would be entitled to payment of compensation in lieu of acquisition of their land to be acquired in accordance with the provisions of State Land Acquisition Act, 1990 (1934 A.D.), (for brevity 'the Act') by the appellants and respondent nos. 3 to 6. Feeling aggrieved, the Union of India and its functionaries have filed the instant appeal claiming that the liability to pay compensation cannot be fastened on them as they had neither acquired the land nor they have authorized the State authorities to acquire land for them. Brief facts of the case as depicted in the writ petition filed by petitioner-respondent Nos.1 and 2 are that Jia Lal claimed to be owner in possession of proprietary land measuring 16 marlas falling in khasra No.435 of village Chinchora Tehsil Bhaderwah. He further claimed that shamlat land measuring 17 marlas falling in Khasra No.435/1 of the same village was also in his possession. The possession of the aforesaid land was taken over by the State of Jammu & Kashmir, Department of Roads and Buildings, Defence Estate Officer Northern Command, Chief Engineer (R&B), Jammu and others. However, no compensation was paid to the petitioner-respondent Nos. 1 and 2. After construction of the road it was transferred by the State Government to Defence Department of Union of India-appellants and further land was taken from their possession for widening of the road. Thus a total land measuring 2 kanals 01 marla belonging to petitioner-respondent nos. 1 and 2 was taken over by the appellants and respondent Nos.3 to 6. There are further allegations of divesting the petitioner-respondent Nos.1 and 2 from possession of more land belonging to petitioner-respondent No.2 (through LRs) for the purpose of widening the road by the appellant and respondent Nos.3 to 6. In that regard reliance has been placed on the certificates issued by the S.D.M-cum-Collector, Land Acquisition, Bhaderwah (Annexure-A, B & C). It has also come on record that notification under Section 4 of the Act was issued on 23.08.1995 by S.D.M-cum-Collector, Land Acquisition, Bhaderwah. The claim of the petitioners-respondent Nos. 1 and 2 is that they have been making repeated representations for payment of compensation and solatium in accordance with law but no steps have been taken. On the contrary notification issued on 23.08.1995 has been withdrawn on31.10.1998. In the aforesaid facts and circumstances, the writ petitioner-respondent Nos.1 and 2 made the following prayers:-

(2.) In the objections filed by the Executive Engineer (R&B) Department nothing has been disclosed and the whole objections would read as under:-

(3.) It would be appropriate to notice that the State Government issued notification under Section 4 of the Act on 23.08.1995 and khasra Nos.435 and 435/1 of village Chinchora Tehsil Bhaderwah District Doda have been included in the details of the land which was sought to be acquired. The recital in the notification issued under Section 4 of the Act state that the Sub-Divisional Magistrate-cum-Collector Land Acquisition, Bhaderwah notify the land which is likely to be needed for a public purpose namely construction of Bhaderwah-Jai road in village Chinchora Tehsil Bhaderwah. Objections to the acquisition of the land were to be filed within 15 days from the date of publication of the notification in the Govt. Gazette. However, respondent Nos.3 to 6 had withdrawn the notification and a de-notification was issued on 31.10.1998 which reads as under:-