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1983 Supreme(J&K) 20

MUFTI BAHA-UD-DIN FAROOQI, GH.MOHAMMAD MIR
Miltary Estates Officer – Appellant
Versus
Zamindaran Air Field – Respondent


Advocates Appeared:
Advocate For Appellant: T.C. Kotwal
Advocate For Respondent: Bhim Singh
Advocate For Respondent: H.L. Bhagotra
Advocate For Respondent: S.A. Salaria

By the Court:

1. By an Act called "the Jammu and Kashmir Requisitioning and Acquisition of Immovable property Act, 1968 " (shortly, the Act) the State Legislature has made provisions for the requisitioning and acquisition of immovable property in connection with the purpose of the State or of the union. Section 21 provides for the requisition of the property at the instance of the union and says as under:

"21. Requisitioning of property at the instance of the union :-(1) where any immovable property situate in the State is required by the union Government in connection with the purposes of the union and a requisition in that behalf is received by the Government, the Government shall notify that such property be requisitioned.

2. Upon such notification the provisions of the Act shall apply in the same manner as they apply in respect of the property requisitioned for the purpose of the State."

2. Section 7 provides for the power of the State Government to acquire the property which has been previously requisitioned either for the purpose of the union or of the State. Section 7 reads as follows:

"7- Power to acquire the property is subject to requisition the Government may, if it is of the
























































































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