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2006 Supreme(J&K) 220

MANSOOR AHMAD MIR
Karim Bhat – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: H. Furrahi
Advocate For Respondent: N.H. Shah

1. Petitioners have sought indulgence of this Court for issuing writ of certiorari for quashing notification No.DCB/LA/PATT/32 dated 03.03.2004 and notice No.Rev-(LAK)32/4 dated 17.08.2004 so far it effects the rights of the petitioners and also for commanding the respondents not to acquire land of the petitioners description of which is given in the writ petition.

2. It is averred in the petition that petitioners are owners in possession of land measuring 25 kanals 1 marla and the said land is Aabi-Awal meant for paddy growing and cannot be used for any other purpose. It is further averred that petitioners will be deprived of source of livelihood if the land in question is acquired. Further they have averred that Shamilat and Kach-charai land is available which could be acquired instead of land of the petitioners.

3. Respondents have filed objections. It is profitable to reproduce the relevant portion of the objections herein:

"Reply to the grounds

(a) to (g) In reply to the contentions raised in these grounds, it is submitted that issuance of notification u/s 6 and 7 of the Land Acquisition Act, is ample evidence of the fact that the permission has been accorded by the competent auth













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