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1974 Supreme(J&K) 8

D.D.THAKUR
Balkrishan Dutta – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: H.L. Bhagotra
Advocate For Respondent: Anil Dev Singh

ORDER: - This writ petition under Section 103 of the Constitution of Jammu and Kashmir calls in question two notifications being Notification No. LA/105-9 dated 22-4-1966 issued under Section 4 of the Land Acquisition Act (hereinafter called "the Act") and Notification No. RD-2 of 1967, dated 5-1-1967 issued under Section 17 of the Act dispensing with the application of Section 5-A of the Act and authorising the Collector to take possession of the land under that section of the Act. The total land covered by the first mentioned notification measured 657 kanals situate in the two villages of Paloura and Top Sherkhania of Tehsil Jammu, and belonged to various persons. The petitioner owned only 32 kanals and 10 marlas comprising Khasra No. 1183 of village Paloura. The public purpose necessitating the acquisition mentioned in the notification was the building of Jani Pura Housing Colony. The application of Section 5-A of the Act was dispensed with and the Collector authorized to take action under Section 17 of the Act due to the urgency involved in the acquisition.

2. The petition was originally filed on 16-11-1970. Subsequently leave was sought to amend the petition. On the leave bein
































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