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1990 Supreme(SC) 530

P.B.SAWANT, S.C.AGRAWAL
Tej Ram – Appellant
Versus
Collector, Jammutawi – Respondent


JUDGMENT

S. C. AGRAWAL, J.:— This appeal by special leave has been filed against the judgment of the High Court of Jammu and Kashmir dated February 28, 1975. It arises out of proceedings for acquisition of land under the Jammu and Kashmir Land Acquisition Act, 1990 (1934 AD) (hereinafter referred to as the Act).

2. Appellants Nos. 1 (a) to (d) namely, Tej Ram, Heera Lal, Mani Ram and Mul Raj owned a line of shops, out of which three were double storeyed and the rest were single storeyed, in Mubarak Mandi Bazar in the City of Jammu Tawi. Gopal Krishan, appellant No. 2, owned a single storyed shop in the said bazar. The State of Jammu and Kashmir issued a notification dated November 4, 1964 under Section 4 of the Act for acquiring almost the entire shop of appellant No. 2 measuring about 99.75 sq. ft. and almost the entire three double storeyed shops and small portions of the remaining five shops measuring about 654.33 sq. ft. belonging to appellants Nos. 1(a) to (d). The said notification under Section 4 was followed by a declaration dated March 12, 1965 under Section 6 of the Act. The Assistant Collector of Jammu made an award dated November 28, 1968, whereby he assessed the market










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