NOOR-UL-DIN Vs. ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) THE dispute in the present petition is vis -a -vis 1 Kanal and 13 Marlas of land. This is located in khasra No. 169 situated at Dalipora kavdara Srinagar.

(2.) THE petitioners submit that they are owners of this land and therefore they are well with in their rights to make use of the land for such purposes as an owner is entitled to with regard to his proprietary land. It is further stated that the ownership in the land has not been extinguished by taking resorts to any statutory provisions either under the Municipal Act or under the land Acquisition Act. It is further submitted that if the land is to be acquired by the Municipality then this can be done only by taking note of the provisions of Section 62 of the Municipal Act and effort should be made to arrive at an amicable settlement. If parties fails to reach at an agreement then resort can be had to the provisions of land Acquisition Act. The respondents have filed objections. The stand taken by them is: -

(3.) THUS the stand taken by the respondents is that the petitioner voluntarily surrendered the ownership of the land and this land has come to the vest in the Municipal Council, to be used for a public purpose. It is further submitted that the question of acquiring this land by first entering into negotiation does not arise. It is submitted that there was no necessity to enter into negotiation as the petitioner voluntarily parted with the ownership of the land. In these circumstances it is submitted that the question of resorting to Land Acquisition Act does not arise.