NAZIR HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has challenged award dtd. 10/10/2013 in respect of the land measuring 27 kanals and 10 marlas under khasra Nos. 714, 717, 723 and 724 situated at Village Fatehpur, Tehsil and District Rajouri.

(2.) As per the case of the petitioners, they are owners in possession of the aforesaid land. The respondents vide notification issued Sec. 4(1) of the Land Acquisition Act issued on 2/1/2010 notified the aforesaid land for acquisition for the purpose of construction of Battalion Headquarter of J&K Police. It is alleged by the petitioners that the respondents have not followed the procedure prescribed under Sec. 4 of the Act inasmuch as the publication of the notification has not been undertaken in accordance with the law. It has been further submitted that as a result of this, the petitioners could not file the objections to the said notification and they were not heard. Thus, the declaration under Sec. 6 of the Act is illegal.

(3.) According to the petitioners, they came to know about the acquisition proceedings in December, 2013 when the notice under Sec. 9 and 9A of the Act was issued, whereafter, they filed a writ petition bearing OWP No. 1797/2013, which was disposed of by this Court on 27/12/2012 directing the respondents to adhere to the procedure envisaged under the Act. It has been further contended that while issuing notification under Sec. 9 and 9A of the Act, the requisite procedure has not been followed and in fact no such notice was served upon the petitioners. According to the petitioners, a notice was served upon them for appearing before the Collector on 20/4/2016 and by that time, the land had already been acquired by the respondents. Another contention that has been raised by the petitioners is that the land, which is subject matter of the impugned award, is agricultural land growing shalli crops and vegetables. Thus, without obtaining permission under Sec. 133 A of the Land Revenue Act, the award could not have been made.