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2021 Supreme(J&K) 51

Chaman Kumar – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. O.P. Thakur, Mr. R.K.S. Thakur.
For the Respondent: Mr. S.S. Nanda.

JUDGMENT :

PANKAJ MITHAL, J.

1. The instant Letters Patent Appeal (LPA) has been preferred by the appellants against the Judgment and order dated 28.12.2020 passed by the learned Single Judge of this Court dismissing their writ petition under Article 226 of the Constitution of India challenging the land acquisition proceedings.

2. The land in dispute which is under acquisition is about 03 kanals 08 marlas of Khasra No. 134 min of village Jhajjar Kotli in District Jammu.

3. One Mr. Kakru owned about 06 kanals and 14 marlas of land. On his death, the said land was inherited by his son Dharam Chand and two daughters. The said Dharam Chand and his successors were running a Dhaba over it for many years. A part of this land measuring about 03 kanals and 6 marlas including the land of the Dhaba was acquired. The remaining land continued to be owned and possessed by the petitioners and it is said that the petitioner Nos.1 and 2 established a new Dhaba over the part of the remaining land.

4. Now, this remaining land has been notified to be acquired vide Notifications dated 30.04.2016 and 27.01.2017 issued under Sections 4 and 6 respectively of the Jammu and Kashmir Land Acquisition Act, SVT, 199

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