AB HAMID WANI Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS have laid this motion for grant of the following reliefs: (i) Issue writ, direction or order in the nature of certiorari for quashing the letter No. DDF/C/2000/7810 -14 dated 15 -3 -2000 issued by Deputy Director Fisheries (Central) RTC, Srinagar, respondent no. 5 (annexure P -18) and also the Award issued by respondent No. 4 on 18 -11 -2002 under No. SDM/LA/Son -29/2002 (annexure P -17) to the extent of area of land showing 100 kanlas instead of 298 kanals and 8 marlas situated at Rakhe Sultanpora, Tehsil Sonawari District Baramulla. bearing survey Nos. 1488/1, 1491 and 1540 of petitioners. (ii) Issue writ, direction or order in the nature of mandamus commanding the respondents to issue corrigendum to the Award (annexure P -17) by showing the land having been acquired to the extent of 298 kanals and 8 marlas instead of 100 kanals, in terms of statutory notifications issued under section 4, 6, 7, 9 (a) of J&K Land Acquisition Act and to pay the compensation thereof as per market value and in terms of Award so made by respondent no. 4. (iii) Issue writ, direction or order in the nature of prohibition restraining the respondents 3, 4 and 5 from resorting to any phased manner acquisition of the land measuring 298 kanals and 8 marlas situated at Rakhe Sultanpora, Tehsil Sonawari, District Baramulla, bearing survey No. 1488/1, 1491 and 1540 as not provided by the provisions of J&K Land Acquisition Act."

(2.) IN order to decide the controversy involved in the writ petition more effectively and completely, brief facts of the case need to he noticed.

(3.) PETITIONERS owned and possessed land measuring 300 kanals situated at Rakhe Sultan Tehsil Sonwari. District Baramulla, the description of which is given in the writ petition. Respondent no. 4 initiated land acquisition proceedings and accordingly Collector concerned issued notification under section 4 of the J&K Land Acquisition Act (for short the Act) for acquisition of land measuring 298 kanals and 8 marlas) falling under survey nos. 1488, 1491 and 1540 for establishing a fish farm. In response to the notification issued under section 4 of the Act, petitioners field their objections and resisted the acquisition proceedings. The respondents there -after issued notifications under sections 6 and 7 of the Act. Interse communications ensued between the respondents - - Fisheries Department for sanctioning of Rs. 45 lacs as compensation to be paid to the land owners. There -alter notification under section 9 of the Act came to be issued. In terms of letter issued by respondent no. 3 for initiating acquisition proceedings in a phased manner and in the first phase, only 100 kanals of land have been acquired, for which funds to the tune of Rs. 50.29 lacs stood sanctioned and kept at the disposal of respondent no. 4 vide letter dated 15 -3 -2000. Accordingly award came to be passed contained in anneXure -P/17 for 100 kanals of land only. The petitioners feeling aggrieved of the award and the said letter, represented before respondent no. 4 with the request to pass a fresh award in accordance with the notification issued under sections 4 and 6 entire land measuring 298 kanals and 8 marlas and also for releasing of full payment of compensation in favour of the owners of the land.