RAM Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Acquisition proceedings initiated by issuing a Notification under Section 4 of the J. and K. Land Acquisition Act of Samvat 1990, are being impugned in these writ petitions. Before noticing the Specific legal challenge which has been made, the facts in brief be noticed :

(2.) The petitioners are said to be owners of the land which is subject-matter of the Notification issued under Section 4 of the Act referred to above. The petitioners state that the land has great agricultural and commercial potential and the only source of income and means of sustenance to the petitioner. Initially, an area measuring 38 kanals 15 marlas was subject-matter of the acquisition. Later on, a corrigendum was issued. Land located in Khasra No. 32 was also indicated for the acquisition purposes. These acquisition proceedings so initiated are being challenged in these petitions. It is stated that there exists be scheme with the Jammu Development Authority and therefore, the steps taken by the respondents by issuing notifications under Sections 4 and 6 cannot be sustained. It is further stated that the initial notification issued under Section 4 was not published in accordance with the procedure indicated in Section 4 of the Act referred to above. Another factual averment made is to the effect that the purposes for which the land is being acquired is not a public purpose.

(3.) Respondents have put in appearance.