LAWS(J&K)-2008-4-42

MUSHTAQ AHMAD WANI Vs. STATE OF J&K

Decided On April 10, 2008
Mushtaq Ahmad Wani Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) PETITIONER has questioned the notification No.21 of 2007 dated 29.12.2007, issued by Collector, Land Acquisition, Pulwama, respondent No.2, on the grounds taken in the writ petition.

(2.) RESPONDENTS 1 to 3 have filed counter and resisted the petition on the grounds taken therein. The private respondents have adopted the objections filed by the respondents 1 to 3.

(3.) PRECISE case of the petitioner is, that petitioner is the owner of land measuring 2 kanals 18 marlas falling under khasra No.228/M at Rizwan Khewat, Muran Road, Pulwama. Respondent No.2 has issued notification for acquiring the land measuring 2 kanals 18 marlas for rehabilitation of family of famous poet "Mahjoor". The acquisition of land is not for public purpose but is just for rehabilitation of the said family. Collector has issued notification without any jurisdiction because the land is not required for any public purpose. Collector has ignored all the mandates of The State Land Acquisition Act, 1990 (1934 A.D.) for short the Act. It is also averred that notification is outcome of malafide consideration and Assistant Commissioner is not competent to acquire land in terms of the provisions of the Act and it is only District Collector - - Deputy Commissioner, who is, Collector under the Act and, competent to draw proceedings in terms of the said Act.