CHAMAN KUMAR Vs. UT OF J&K

JUDGEMENT

(1.) Petitioners seek quashing of final award bearing No. ACR/LA/ NHAI/ F-Award/T.Parking/2017-18/325-31, dtd. 10/7/2017, to the extent of land measuring 3 Kanals 8 Marlas comprising of Khasra No. 134-min situated at Village Jhajjar Kotli, which is owned and possessed by them. A further prayer is sought for quashing of Notification No. LA/ACR/ NHAI/ Jhajjar Kotli/2016-17/88-95, dtd. 30/4/2016, issued by respondent No. 5 under Sec. 4(1) of the J&K State Land Acquisition Act, Svt. 1990 (hereinafter referred to as 'the Act'), whereby, the above-mentioned land of the petitioners has been notified at the instance of respondent No. 6 for truck parking adjoining to National Highway.

(2.) The Project Director, National Highway Authority of India, placed an indent with the Collector Land Acquisition, (Assistant Collector, Revenue), Jammu, vide letter dtd. 6/1/2016 for acquisition of land measuring approximately 2 hectares, for the construction of wayside amenities (Truck Parking) along the National Highway in Village Jhajjar Kotli, Tehsil Dansal, District Jammu. After completing all necessary documentation, a notification under Sec. 4(1) was issued to invite objections from interested persons, along with its publication in newspaper. No objections were filed by the interested persons within the prescribed period. Consequently, the acquisition proceedings concluded with the issuance of an award dtd. 10/7/2017, amounting to Rs.2,32,45,900.00.

(3.) The petitioners filed a writ petition, i.e., WP(C) No. 1469/2020 titled 'Chaman Kumar and others vs. UT of J&K and others', seeking quashing of notification dtd. 30/4/2016, issued under Sec. 4(1) of the Act and also award dtd. 10/7/2017. They also sought setting aside of notices dtd. 7/2/2020 and 18/2/2020, directing them to remove shops and structures possessed by them. This writ petition was considered and dismissed by this Court vide judgment dtd. 28/12/2020 by holding as under: