GHULAM MOHD ZARGAR Vs. STATE

JUDGEMENT

(1.) Petitioners who are 143 in number are styled in the writ petition as Shopkeepers and House owners of Maharaja Bazar, Srinagar, have filed this writ petition for issuance of a writ of certiorari quashing the Notification No. SDA/ C-RD/2054-61 dt. 20-12-1982 issued under S.4 of the Land Acquisition Act and its republication on 6-4-1984 in local newspaper the 'Daily Aftab' and for quashing the declaration made under Ss.6 and 7 of the Land Acquisition Act issued under Notification No. RD 68 of 1985 dt. 12-4-1985 and for quashing the acquisition proceedings taken pursuant to the aforesaid Notification. Directions are also sought against the respondents restraining them from interfering with the lawful possession of the petitioners' properties. The facts lie in their compass.

(2.) Notification under S.4 of the Land Acquisition Act was issued by respondent No. 4 on 20.12, 1982, copy whereof is Annexure P/1 to the petition. Same was published in the Government Gazette on 30-12-1982. The petitioners are said to have come to know about the said notification on 7-1-1983. They filed their objections before respondent No. 4 on 10-1-83 copy whereof is Annexure P/2 to the writ petition. It was stated in the objections that the alleged plan of slum clearance has not been made known nor shown in the plan. Therefore, the petitioners were not in a position to file detailed objections. As to what area of Goni Khan area was declared as slum area has not been detailed out. Therefore, said notification was bad. Petitioners' case was that no part of Maharaj Bazar area where the properties of the petitioners are situated has been declared a slum area. The said Bazar was properly planned bazar. Therefore, petitioners property may not be acquired for clearing the slum areas of Goni Khan. It was stated that Government also had raised new buildings in Goni Khan area. Therefore, it was not genuine or justified to acquire property of the petitioners from slum clearance. Some persons had stated in their objections that plan for clearance of alleged slum areas of Goni Khan had not been published or known to those persons. It was also stated that no such plan did exist. Even after Notification under S.4 had been published various persons including Sanathan Dharam Sabha has been allowed to raise many buildings in Goni Khan locality. On receipt of these objections, respondent No. 4 did not act. However, a publication was published on 6-4-1984 in a local newspaper Daily Aftab. In the said notification, it was stated that papers pertaining to earlier notification under Section 4 of the Land Acquisition Act having gutted in fire, the affected persons were asked to refile their objections. Section 4 notice is said to have not been displayed in accordance with the requirement for its publication. In pursuance of second notification petitioners are said to have filed again the objections and objected to the acquisition of their properties at Maharaja Bazar. Some of the petitioners, however, received communication asking them to attend the office of respondent No. 3. on visiting the office of respondent No. 3 petitioners are said to have been informed that declaration under Sections 6 and 7 of the Land Acquisition Act pertaining to the properties in question has already been made. Petitioners were asked to vacate the possession of their shops and houses in pursuance of the said notification. The respondents are said to be bent upon to dispossess the petitioners from the properties under their occupation. On the aforesaid facts petitioners challenge the acquisition proceedings and the notification for acquisition on the following grounds :

(3.) In their reply respondents have stated that the petitioners have not raised any objection to the acquisition till 1985. Therefore, the writ petition is not maintainable. Petitioners are said to have raised disputed questions of fact which cannot be gone into in the writ petition. It is stated that after the issuance of notice under S.4 of the Land Acquisition Act, the interested persons filed their objections. It is stated that Master Plan is prepared by the Srinagar Development Authority which has been duly published and approved by the Government. The said Master Plan envisages clearance of slum areas including Goni Khan area which is known as Bandooq Chawni. The entire area of Maharaja Bazar has not been declared as slum area. A portion of the area is to be acquired for public purpose which is to be determined by the State Government. After the area is re-developed and constructions are raised, those of the petitioners who are dispossessed from the properties shall have a preferential right to ask for commercial or residential accommodation as the case may be. It is stated that objections were filed beyond time. Therefore, respondent No. 4 was within his right to deny hearing to the petitioners who were represented by their President. The area over which some properties are constructed, such as Sanathan Dharam Sabha is not included in the acquisition proceedings. Some of the petitioners are said to have been summoned by the Divisional Commissioner for discussion because he was a member of High level committee constituted in connection with the development of the area. It is stated that once the Govt. is satisfied that the property is to be acquired for public purpose, court has no jurisdiction to hold otherwise. It is submitted that 210 families will be relieved from the slum area and will be rehabilitated in some Govt. Colony.