MST HAJRA Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) For widening of road from Habba Kadal, Kral Khud to Baba Dharam Das Road Tehsil, Srinagar, Collector, PHE/Circular Road Project, Srinagar (respondent no.3 herein) issued Notification in exercise of powers conferred upon him by subsection (1) Section (4) of the J&K Land Acquisition Act, Svt.1990, for acquisition of land, owned by petitioner under Khasra No.1558 min, measuring 682 Sft., situated at Habba Kadal, Srinagar, published in daily newspaper "Aftab" in its issue dated 22nd April, 2001. Objections were also invited with respect to the acquisition of said land.

(2.) Respondent no.3, vide letter no.C/CRP/1034-36 dated 7 th January 2003, requested Financial Commissioner (Revenue), Government of Jammu and Kashmir, for issuance of Declaration under Section 6 and 7 of the Land Acquisition Act. In terms of said communication settlement was intimated to have been arrived at between parties with certain terms and conditions, particularly condition nos. 3, 4, 5 and 6, which are reproduced hereunder:

(3.) Petitioner had earlier approached this Court with OWP No.205/2003, seeking direction to respondents to permit her to raise construction of shops over the land measuring 796 Sq. ft. covered under Survey no.158 min situated at Barbarshah Habakadal, Srinagar, being left over land, after acquisition by respondents. The said writ petition was disposed of vide order dated 02.9.2004, giving liberty to respondents to acquire the land for public purpose and not to make it available to any other person. Petitioner was also given liberty to file objections to the Notification for acquisition of the land, if any, issued, provided the law permits.