AZIZ MURTAZA AEZUM Vs. STATE OF JK

JUDGEMENT

(1.) We have heard the learned counsel for the parties.

(2.) The present appeal has been preferred against the order dtd. 10/7/2007 passed by a learned Single Judge of this Court in OWP No. 63/2003. The appellants herein who were the writ petitioners essentially prayed for quashing of the communication dtd. 4/12/2001 which was issued by the Deputy Commissioner (District Collector) Anantnag to the Collector Land Acquisition (Anantnag) on the subject of acquisition of land for Qasba Baghat Qasibagh, Chee Road (Anantnag). By virtue of the said communication, the Land Acquisition Collector was requested to withdraw the award dtd. 26/9/2001 in respect of the said land in view of the provisions of Sec. 11 of the Jammu and Kashmir Land Acquisition Act, Samvat 1990 (1934 A.D.) (hereinafter referred to as "the said Act"). A direction was also sought commanding the respondents to forthwith pay the award amount as contained in the award dtd. 26/9/2001 to the appellants/petitioners. Damages/compensation had also been prayed for.

(3.) It is therefore clear that the appellants/petitioners case was founded on the premise that the award was valid and that compensation should be paid in terms of the award.