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1994 Supreme(SC) 412

K.RAMASWAMY, M.N.VENKATACHALIAH
Union Of India – Appellant
Versus
District Judge, Udhampur – Respondent


Advocates:
A.S.NAMBIYAR, A.Subhashini, BHIM SINGH, C.RAMESH, L.R.SINGH, S.K.BANDHOPADHYAY, SUSHMA SURI

ORDER

1. This appeal arises from a case which had a chequered career. The appellant addressed a letter on 8-2-1968 to the Deputy Commissioner, Udhampur, State of Jammu and Kashmir enquiring about the availability of land for extension of Air Field, Udhampur. The Additional Secretary, Government of Jammu and Kashmir, wrote a letter to the Ministry of Defence that 2027 kanals and 18 marlas of land was available for acquisition at an approximate cost of Rs 12,62,655.32 paise subject to normal rise or decrease in that amount, which may occur on the determination of the market value. The Government had agreed and accorded sanction on 27-7-1970 for a sum of Rs 13,34,056 for acquisition of the land. Thereafter the Government of Jammu and Kashmir issued notification under Section 21 on 16-12-1971 requisitioning 2134 kanals of the said land situated in Village and Tehsil Udhampur. A notification under Section 7 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968 (J & K Act 35 of 1968) (for short the Act) was published in SRO No. 843 dated 16-12-1972. Thereafter exercising the power under Section 16 of the Act the Deputy Commissioner, Udhampur was appointed

































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