Non-compliance with statutory provisions under the Land Acquisition Act, affecting the fundamental right to hold immovable property, renders the acquisition proceedings illegal and unconstitutional.

MUZAFFAR HUSSAIN ATTAR, J.

1. The petitioners have called in question the Notification issued under section 4(1) of State Land Acquisition Act by the Collector, Land Acquisition (NHW) four laning, dated 20th May, 2014, inter alia on the ground that the Notification has not been published in the manner prescribed u/s 4(1) of Land Acquisition Act and objections filed by the petitioners have not been considered.

2. Respondents have filed the reply affidavit.

3. Mr. G. A. Lone, learned counsel appearing for the petitioners referred to the aforesaid Notification and submitted that same has not been published in two Newspapers as is mandate contained in Section 4(1) of the Land Acquisition Act. Learned Counsel submitted that in terms of the section 4(1) of the Land Acquisition Act, the Notification has to be affixed at convenient places in the locality and it is to be known by beat of drum as also through the local Panchayats and Patwaries. Learned counsel also referred to Section 5(A) of the Land Acquisition Act and submitted that the objections of the interested persons are required to be considered and objectors are to be given opportunity of hearing either through pleader or by a person authorized by them. Learned counsel submitted that in the admitted facts of this case respondents have acted in breach of provisions of Section 4 and Section 5(A) of the Land Acquisition Act which renders acquisition proceedings illegal.

4. Learned counsel referred to the material placed on record to show that the objections filed u/s 5(A) have not been considered. Learned counsel in support of his contention referred to the judgment of Hon’ble the Supreme Court reported in AIR 2014, SC 2242, 2011(1) SCC 714, 2012 (2) SLJ 670 and submitted that the petition in view of law laid down by Hon’ble the Supreme Court and by this Court deserves to be allowed.

5. Mr. N. H. Shah, learned AAG appearing for the official respondents while referring to the record admitted that the Notification u/s 4(1) has been published in only one Newspaper. Learned counsel, however, submitted that the objections filed by the petitioners have been considered by the Competent Authority and thereafter matter was referred to the Authority for issuance of declaration u/s 6 of the Land acquisition Act. Learned counsel referred to 2011 (1) SCC 330 and submitted that the petitioners having the knowledge of the Notification published u/s 4(1), none of their rights are infringed. Learned counsel also submitted that the Notification has been issued in only one Newspaper but requirement provided under section 4(1) of the Land Acquisition Act have been complied with.

6. Mr. Jehangir Iqbal Ganai, learned Senior counsel appearing for the executing agency has filed the application for impleadment of his client Contractor/Executing Agency. While referring to the judgment of Hon’ble the Supreme Court reported in 1997(1) SCC 134, learned Sr. counsel submitted that non-compliance of Statutory provisions will not in all circumstances result in quashing of Acquisition proceedings.

7. Right to hold the immovable property continues to be fundamental right in the State of Jammu and Kashmir in terms of Article 19(f). Article 31(1) provides that no person shall be deprived of his property save by authority of law. Article 31(2) further provides that no property shall be compulsorily acquired or requisitioned save for the public purpose and save by authority of law.

8. In the State of Jammu and Kashmir, Land Acquisition Act is law which authorizes for compulsory acquisition of the immovable property for public purpose.

9. In the admitted facts and circumstances of this case, there is no compliance of Section 4(1) of the Land Acquisition Act inasmuch as, admittedly the Notification has not been published in two daily Newspapers, but has been published in only one Newspaper. Admittedly there is breach of Section 4(1) of the Land Acquisition Act.

10. In view of the legal position, right to hold the immov