GH SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an application for an appropriate writ in order to quash an order of the Collector refusing to entertain the application of the petitioners under Section 18 of the Land Acquisition Act, praying that their case be referred to the court.

(2.) IT appears that some lands situated in Kasba Bhagat and Sarnal, District Anantnag, were acquired by the Government and the usual notices under Sections 6 and 9 of the Act were served on the interested persons. Some of the petitioners , -appeared before the Collector and filed their -objections. Ultimately, the Collector filed an award under section 12 of the Land Acquisition Act, and after obtaining the sanction of the Revenue Minister directed the Tehsildar to arrange for the announcement of the award to the parties concerned.

(3.) THE main point taken by the learned counsel for the petitioners, before me is that none of the petitioners had any knowledge either actual or constructive of the contents of the award. The petitioners have -also in their petition, challenged the correctness of the notices issued to them under section 6 and 9 of the Act. On a perusal of the record, however, I am satisfied that so for as the notices under section 6 and 9 of the Act are G concerned, they were duly served and there does not appear to be any defect in them. The main contention however raised is that the award was not announced to the parties and they had no knowledge of this award except as and when alleged by them in their petition before the Collector which was summarily dismissed A petition was filed before the Collector on 17 -4 -1963 against the compensation awarded and praying that a reference be made to the court. On this application, the Collector had passed the following order on 3 -7 -1963.