IMPORTANT POINT
When possession of the acquired land is taken it vests in the indenting department. Erstwhile owners cannot claim any right thereon.

JUDGMENT :

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed by the writ petitioners against the final judgment and order dated 10.07.2014 passed by the High Court of Jammu and Kashmir at Jammu in LPAOW No. 40 of 2010 whereby the High Court while allowing the appeal filed by the Jammu Development Authority-respondent No.1 herein, set aside the judgment and order dated 25.02.2010 passed by the Single Judge in OWP No. 459 of 2004 and, in consequence, dismissed the writ petition filed by the appellant.

3. We herein set out the facts, in brief, to appreciate the issues involved in this appeal.

4. The appellants are refugees/displaced persons of 1947, who had migrated to India from Pak Occupied Kashmir (in short, "POK"). The land in question was allotted to them for their rehabilitation under the provisions of the Jammu and Kashmir State Evacuees' (Administration of Property) Act, Svt. 2006 (1949 A.D.) [hereinafter referred to as "the Act of Svt. 2006"].

5. Appellant No.1 was allotted land measuring 15 Kanal and 14 Marla under Survey Nos. 3 & 6 whereas Smt. Sukhi (now dead), the predecessor of appellant Nos. 2-4 was allotted land measuring 6 Kanal 2 Marla under Survey No.4 situated at Channi Rama, Tehsil Jammu, District Jammu (J&K). At the time of allotment, the entire land was like a rocky trench which could not be put to any productive use. According to the appellants, they made it cultivable to earn their livelihood.

6. In the year 1975-1976, Jammu Development Authority-respondent No.1 herein, decided to acquire a large area of land for developing a housing colony at Channi under the name of Trikuta Nagar Housing Colony, Jammu.

7. On the requisition of Jammu Development Authority (respondent No.1)- the Authority, land measuring 2398 Kanal 2 Marla situated in village Channi Himat, Channi Rama, Rakh Bahu of Tehsil and District Jammu was notified by the Collectorate under sub-Section(1) of Section 4 of the Land Acquisition Act Svt. 1990 vide No. LA/504-11 dated 17.07.1975. Copy of this notification was sent to the Tehsildar, Jammu for vide publicity in the concerned villages through field staff.

8. In response to the said notification, objections from 146 persons were received by the Collectorate. After considering the objections raised by the interested persons, vide letter No. LA/1133 dated 23.12.1975, the Secretary to Government Revenue Department was requested to get the land measuring 1690 Kanal 12 Marla notified under Sections 6, 7 and 17 of the Land Acquisition Act. The remaining land measuring 707 Kanal 10 Marla proposed to be acquired by the Collectorate was not required by the ordering department, Jammu.

9. As per the rules, notice under Section 9 & 9A of the Jammu and Kashmir Land Acquisition Act was published in the Government Gazette dated 15.04.1976 for information of all the interested persons, who were asked to attend the office on 17.04.1976 personally or by authorized representatives to state the nature of their respective interests in the land and particulars of the compensation for such interests.

10. The Collector, Land Acquisition (PWD), Jammu made the Award being No. LA No.1286-88 dated 31.03.1984.

11. Statement indicating the quantum of compensation paid to each interested person along with area under acquisition in each case of village Channi Rama, Tehsil and District Jammu was issued on 27.05.1984. (Page 70 of SLP paper book)

12. Ram Singh-appellant No.1 herein was paid compensation of Rs. 1,00,686.72 for land measuring 12 kanal.

13. On 22.07.1987, appellant Nos. 2 & 3 made an application to the then Housing Minister, J & K Government, Srinagar praying to regularize 2 Kanal of land, which was in the name of their mother, Smt. Sukhi, widow of Ram Singh as they have constructed hutments on the said plots and are residing there.

14. On the application, the Minister called for a report and ordered to take no action in the meantime.

15. On various occasions, the Director Land Management, Jammu Development Authorit