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IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Mohd. Yaqoob Mir, J.
Ali Mohd. Najar & Ors. - Appellant
Versus
State & Ors. - Respondent
OWP No. 184/2008 & CMP No. 427/2008
Decided On : 03 February, 2010
Land Acquisition - Acquisition Proceedings - Land Acquisition Act - Section 4, Section 6 - The court quashed the acquisition proceedings initiated for the construction of a Mini Secretariat due to non-compliance with the mandatory requirements of the Land Acquisition Act. The court found that the notifications issued under Section 4 did not satisfy the requirements of the Act, as they were not published in accordance with the prescribed modes and methods. The court also noted that the de-notification of the earlier identified land for acquisition had no legal effect due to the defective notification for acquisition. The court emphasized the mandatory nature of the statutory provisions and held that there can be no relaxation in not complying with the legal requirements before acquiring the land.
Fact of the Case:
The indenting department sought to acquire land for the construction of a Mini Secretariat. However, the acquisition proceedings were found to be invalid due to non-compliance with the mandatory requirements of the Land Acquisition Act. The notifications issued under Section 4 did not satisfy the Act's requirements, and the de-notification of the earlier identified land for acquisition had no legal effect.
Finding of the Court:
The court found that the acquisition proceedings initiated for the land at Gagran and Batapora Shopian were totally invalid due to non-compliance with the mandatory requirements of the Land Acquisition Act. The court quashed the entire process and the proceedings for the acquisition of land for the construction of the Mini Secretariat.
Issues: The main issue was the validity of the acquisition proceedings for the construction of a Mini Secretariat, specifically regarding compliance with the mandatory requirements of the Land Acquisition Act.
Ratio Decidendi: The court emphasized the mandatory nature of the statutory provisions and held that there can be no relaxation in not complying with the legal requirements before acquiring the land. The court also highlighted the importance of strict adherence to the modes and methods prescribed by the Act for notifying the land needed for public purpose.
Final Decision: The court quashed the acquisition proceedings initiated for the land at Gagran and Batapora Shopian and directed that the proceedings for acquisition of land for the construction of the Mini Secretariat be initiated afresh, with strict adherence to the provisions of the Land Acquisition Act.
2. After de-notification, the CPO has again along with letter dated 14.11.2007 enclosed indent for acquisition of land measuring 69 kanals 16 marlas and 3 sirsais. Collector in turn has issued the notification under Section 4 dated 13.11.2007 for acquisition of land measuring 47 kanals 15 marlas and 14 sirsais situated at Batapora Shopian.
3. Then again the CPO vide his letter dated 15.11.2007 has enclosed an indent for acquisition of land measuring 22 kanal and 8 sirais situated at village Batapora. As a result thereof, one more notification under Section 4 is shown to have been issued by the Collector on 23.11.2007.
4. On the basis of proceedings so initiated as detailed above, the Government vide notification No.91-RD of 2008 has issued declaration under Section 6 of the Act to the effect that the land as mentioned in the said notification measuring 69 kanals 16 marlas and 3 sirsais is needed for public purpose. The Collector has been directed to take order for acquisition and to take possession in pursuance of Section 17 of the Act and to complete all the formalities of Section 9(2) and 17-A of the Act and Rule 63 of the Land Acquisition Rules.
5. On the basis of said notification issued by the Government, the Collector on 73.2008 has issued notification under Section 9 and 9-A of the Act and has shown to have issued notice to the interested persons and the indenting department regarding taking over possession of the land measuring 46 kanals 13 marlas and 4= sirsais.
6. It appears that the land owners as well as Traders Federation, Shopian have objected to the acquisition. In the process the instant writ petition has been filed praying therein that the notification dated 23.11.2007 issued by respondent No.4 (Collector) may be quashed, furthermore for issuance of prohibitory orders so as to prevent the respondents from acquiring land of the petitioner covered by survey Nos.359-min, 372-min, 373-min, 374-min, 375-min, 384-min, 390-min, 151-min, 152-min and 154-min situated at village Batapora Shopian for construction of the Mini Secretariat, furthermore for issuance of command to the effect that the construction of Mini Secretariat shall be raised at village Gagran on the land in respect of which earlier notification had been issued by the Collector.
7. Learned counsel for the petitioners first contended that entire acquisition proceedings are without jurisdiction as the Assistant Commissioner Revenue is not the Collector. In this connection he has referred to Section 3(d) of the Act and Section 6(1)(c) of the L
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