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2016 Supreme(J&K) 384

ALOK ARADHE
Gajinder Singh – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Kuldip Singh Parihar, Vishal Goel
For the Respondents: R.S. Jamwal, Ehsan Mirza

JUDGMENT :

Alok Aradhe, J.

1. In these writ petitions, the petitioners have assailed the notification dated 22.10.2011 issued under Section 4 of the Jammu and Kashmir Land Acquisition Act, Svt. 1990 (hereinafter referred to as the Act). The petitioners also seek a writ of mandamus to the respondents to treat the petitioners at par with the adjoining occupants in possession of the lands whose land has been de-notified from acquisition. In order to appreciate the petitioners' challenge to the impugned proceedings, few facts need mention which are stated infra. An indent was placed by the Irrigation and Flood Control Department for acquisition of land admeasuring 123 kanals situate at Rakh-Raipur, Tehsil and District Jammu for detouring of canals due to expansion of Jammu Airport. A notification was published under Section 4(1) dated 21.10.2011 in the daily newspapers on 23.10.2011 by which the objections were invited, however, no objections were received. Thereupon, a notification under Sections 6 and 7 of the Act was issued on 08.11.2012 and subsequently, a notification under Section 9 and 9-A of the Act was issued on 18.12.2012 and an award was passed on 24.07.2014. Thereafter the wr



























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