2017 Supreme(J&K) 1045
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
ALOK ARADHE, J.
Harvinder Kour and Ors. - Appellants
Versus
State and Ors. - Respondents
OWP No. 574 of 2016 and MP No. 01 of 2016
Decided On : 05-06-2017
Subject
Land Acquisition - Transmission Line Installation
Act Referred
JAMMU AND KASHMIR LAND ACQUISITION ACT : S.5(a), S.6, S.4
STATE LAND ACQUISITION ACT : S.4(1)
Headnote
State Land Acquisition, Act, Svt. 1990 - Sections 4,4(1) & 6 - Jammu and Kashmir State Land Acquisition Act - Sections 4 and 5(A) - Sale deed - Acquisition of land - Petitioners are owners of land bearing No. situate at village District aforesaid land was purchased by petitioner No. 1 from one by a sale deed which was registered - Case of petitioners petitioner No. 1 has constructed a double storied house on the land - Adjoining piece of land was also purchased by petitioners - One sale deed was executed in respect of two petitioner No. 2 and after execution of sale deed in respect of 1 forming petitioner No. 2 constructed a cow shed on land admeasuring has opened a dairy farm - Case of petitioners adjoining land, that is, Khasra No. belongs to one property dealer and is an influential person – Held, competent authority shall furnish the information sought for by the petitioner vide communication contained in annexure-'K' within a period two weeks from the date of certified copy of order passed - Petitioners are granted liberty to challenge the Notifications under sections 4 & 6 issued under the State Land Acquisition as well as to agitate the issue with regard to change of alignment in accordance with law. Needless to state that till the land of the petitioners is duly acquired in accordance with law, no work of laying of towers or electric conductors on the land of the petitioners shall be carried out - Writ petition is disposed
Advocate Appeared:
For the Appellant :K.S. Johal, Senior Advocate and Rajesh Pal Samotra, Advocate
For the Respondents: Eshan Mirza, Dy. A.G.
JUDGMENT :
Alok Aradhe, J.
1. With the consent of learned counsel for the parties, the matter is heard finally. In this writ petition, the petitioners inter alia seek quashment of the decision, if any, taken by the respondents for installation of electric towers from Amargarh-Samba to Akhnoor-Rajouri for laying down of 400 KV transmission line or passing the electric conductors over the land belonging to the petitioners. The petitioners also seek quashment of the Project/Survey Report regarding 400 KV transmission line insofar as it allegedly passes over the land of the petitioners as well as writ of prohibition restraining the respondents not to lay down transmission line by installation of electric towers on the property of the petitioners. In order to appreciate the petitioners' grievance, few facts need mention, which are stated infra.
2. The petitioners are owners of the land bearing Khasra No. 326 min, Khata No. 89/52 min Khewet No. 12/12, situate at village Gazipur Kullian, Tehsil R.S. Pura, District Jammu. The aforesaid land was purchased by the petitioner No. 1 from one Baldev Singh by a sale deed dated 25.04.2008, which was registered on 26.04.2008. It is case of the petitioners that petitioner No. 1 has constructed a double storied house on the land, which was purchased by him. An adjoining piece of land was also purchased by the petitioners. One sale deed was executed in respect of the two kanals of land in favour of the petitioner No. 2 and after execution of sale deed in respect of 1 kanal and 16 marlas forming part of Khasra No. 327 min, Khata No. 91 Khewet No. 12, situate at village, Gazipur Kullian, Tehsil R.S. Pura, the petitioner No. 2 constructed a cow shed on the land admeasuring 12 x 30 ft. and has opened a dairy farm. It is the case of the petitioners that adjoining land, that is, Khasra No. 328 belongs to one Harvinder Singh, who is a property dealer and is an influential person.
3. It is averred in the writ petition that the petitioner No. 2 received a call from Patwari on 04.01.2016 at about 9 AM, who asked him to come on the land. On enquiry being made by the petitioner, he learnt that his presence was required on spot as his land was earmarked for installation of electric tower for laying down 400 KV transmission line, which is routed from Punjab to Jammu and Kashmir. A meeting was stated to have been held in the office of S.D.M. R.S. Pura on 04.01.2016 and all the persons, whose land was being used for installation of towers, were called to discuss their grievance. However, petitioner No. 2 in the meeting conveyed to the Deputy Commissioner, Jammu that he is not agreeable to the acquisition of the land as he would be deprived of his source of livelihood. On that very day, the Deputy Commissioner, Jammu asked respondent No. 7 steam to inspect on spot and ascertain the factual position and earmark the land for installation of the electric tower. It is also stated in the writ petition that the aforesaid Harvinder Singh came on spot and abused petitioner No. 2.
4. It is the case of the petitioners that the aforesaid Harvinder Singh by manipulating the survey report with the concerned Patwari, claimed to have projected that the land of the petitioner No. 2 was earmarked for installation of electric tower. The petitioner No. 2 also approached the General Manager of respondent No. 7, by which he sought for survey report of the land for installation of the electric tower. However, the survey report was not supplied to the petitioner. It is the case of the petitioners that their land does not form alignment of the transmission line and the tower is to be installed on the land bearing Khasra No. 328, adjoining the land of the petitioners. The petitioner No. 2 approached this Court by filing OWP No. 30/2016, which was disposed of vide order dated 28.01.2016 with a direction that in case the respondents intend to install electric tower on the land owned and possessed by the petitioners, the same shall be done after