Petitioners land measuring 52 Kanals and 19 Marlas situated at Village Gagran, more specifically, referred and described with break up in para 4 of the writ petition, is in the process of acquisition for establishing a College at Shopian. After initial abortive attempt to get this land by private. negotiation the Collector (respondent No. 4) has taken steps for acquisition of the land under Land Acquisition Act (here inafter a1so referred as Act). Notice u/s 4 of the Land Acquisition Act was issued on 24.11.1999 and published in Government Gazette, Notice u/s 9 of the Land Acqusition Act has been also issued. Petitioners pray for certiorari for quashment of both the notices and mandamus requiring the respondents not to acquire the land in question.

2. The grounds tendered by the Ld. Counsel in his submission while soliciting for the relief prayed for and as averred in the petition are that the Government had taken policy decision to acquire the Government land for costruction of colleges which do not have their own buildings. By acquiring the land, the Collector Land Acquisition has gone beyond this decision of the Govt. The mandate of Section 4 of the Act is publication of preliminary notice in two daily newspapers having largest circulation in the locality of which atleast one shall be in the regional language and a public notice of the order in the locality by the mode of beat of drum and through the local Panchayat and Patwari. This mode of publication and public notice has not been follwed, in as much as, there has been neither publication nor public notice of preliminary notice/ order. Petitioner whose only source of income is the land and its fruit trees, cannot be deprived of their sustainance and right to own and possess the property (land) in question, as it would amount to infringing the fundamental rights of petitioner to livelihood and thereby notice u/s 4 of the Act is constitutionally invalid.

3. Respondents through Collector SDM Shopian have filed objections. The contention put-forth by petitioner is constested and refuted. The land is stated to be required for public purposes, in as much as Degree College Shopian is to come up on the site. Process of acquisition of the land by private negotiation was initiated as far as back on 19-11-1991 and 10-12-1991. Petitioners on summons did particiapte in these proceedings held on above two dates . Out of total land in question proposed to be acquired, 27 kanals and 141/2 Marlas have been already acquired through private negotiation. The Government has not taken any policy decision that in case of construction of degree colleges the Govt. land alone is to be made available. The facts are wrongly placed and distorted version on that count is given, notwithstanding the direction of the Government that in all cases where the college buildings are not available, the first attempt should be to look out for Government land for raising such buildings to avoid avoidable expenses on that count. However, in this case on the report of Tehsildar Shopian that no Government land was available in Shopian within 2 KMs., the collectorate had to initiate the acquistion proceedings for acquiring the land in question after Higher Education Department moved an indent for acquisition of land for construction of Degree College on the site at Village gagran which was indentified and selected for acquisition . As the petitioners failed to execute the sale deeds after negotiating privately and agreeing on the deal with the Government department, compulsory land acquisition process had to be resorted to. The preliminary notice u/s 4 of the Act has been notified on 17-04-1994 in response to which Petitioners and others have failed to file objections. However, petitioners all along participated in the acquisition proceedings and have full knowledge of acquisition proceedings since 1991. Petitioners having failed to challenge the notification for long six years and having also participated in the proc

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