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2012 Supreme(J&K) 402

M.M.KUMAR, HASNAIN MASSODI
Bansi Lal Bhat – Appellant
Versus
State of J&K and Ors. – Respondent


Advocates Appeared:
Mr. M. Ayoub Bhat, Advocate
Mr. Z. A. Shah, Advocate
Mr. Asif Maqbool, Advocate
Mr. N. H. Shah, Advocate

M. M. Kumar, CJ;—

1. These two appeals* under Clause 12 of the Letters Patent are directed against the common judgment and order dated 23.12.2011 rendered by the learned Single Judge of this Court, dismissing the writ petition, OWP no. 963/2011 and CMP no. 1528/2011.

2. The appellant-writ petitioners are aggrieved by acquisition of their land which is sought to be acquired by the respondent-State for a Public purpose of developing a Heritage site near Mausoleum of Poet “Souch Kral” at Village Inder (Pulwama). The appellant-writ petitioners are migrants and they placed reliance on a decision of the State Government dated 14.07.2009 which postulates that the land and property belonging to the migrants should not be included in the acquisition and should be acquired only as a last resort.

3. Facts in brief which have led to the filing of the instant appeal are that the appellant-writ petitioners and the proforma respondent no. 4 are owners in possession of land bearing survey nos. 876, 887, 888, 895, 896 and 908 situated at Vilage Inder Tehsil and District Pulwama. The case set up by them is that they were forced to migrate from the Village in the year 1990 or thereafter due to militancy




















































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