SHAHMALA BEGUM Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) The petitioners claim that they are owners in possession of agriculture land measuring 05 Kanals and 19 Marlas comprising Survey No. 263 situated at Mozia Berigam, Tehsil Devsar, District Kulgam.

(2.) It is pleaded that some influential persons living in their vicinity have an evil eye on their land, and many a times have tried to grab it.

(3.) It is stated that these 4 /5 influential families who too have their agriculture land at Berigam adjacent to the land of the petitioners intend to have better approach to the main road, even though, they have a separate approach to their land. Initially they tried to convert the land of the petitioners into their pathway, but their effort was resisted by the petitioners. It is alleged that these persons with the help of sitting minister ultimately prevailed upon the official respondents and got the road sanctioned which would cross over the land of the petitioners. The process for acquisition of the land for construction of the road was set in motion by the respondent no. 4 by issuing Notice under sec. 4(1) of the Land Acquisition Act (for short "Act")on 28/8/2017, which appeared in the Daily Srinagar Times on 30/8/2017. By virtue of the said notification, the land measuring 16 Marlas falling under survey No. 263 belonging to the petitioners has also been notified for acquisition. The petitioners claim that they objected to the acquisition and submitted detailed objections to the respondent no. 4, taking therein a specific plea that the land sought to be acquired is only at the instance of and for the benefit of few individuals and is not for any public purpose. The respondent no. 4 did not pay any heed to the objections of the petitioners, which constrained them to file OWP No. 1541/2017 seeking quashment of Notice dtd. 28/8/2017 issued by respondent no. 4 in terms of Sec. 4(1) of the Act. The writ petition was disposed of by this Court vide its order dtd. 4/10/2017, directing the respondent no. 4 to hear the objections submitted by the petitioners in terms of Sec. 5A of the Act and proceed in the matter in accordance with law. The petitioners were also give opportunity to participate in the hearing before the respondent no. 4.