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2021 Supreme(J&K) 253

TASHI RABSTAN
Collector Land Acquisition – Appellant
Versus
Abdul Gani Mir – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M.A. Chashoo, Adv
For the Respondent: Mr. Z.A. Shah, Sr. Adv. with Mr A. Hanan, Adv.

JUDGMENT :

CONC Nos. 103/2018, 89/2018 & 99/2018.

1. These condonation delay applications have been filed by the applicants seeking condoning the delay of 441 days in CONC No. 103/2018, 363 days in CONC No. 89/2018, and 426 days in CONC No. 99/2018 days in filing the appeals against the common judgment and decree dated 4th July 2017 passed by the learned Principal District Judge Baramulla in three references under Section 18 of the Land Acquisition Act.

2. The case in brief is that land measuring 4 kanal, 2 marlas and 6 sirsai was requisitioned by PW(R&B) Department for widening of Narbal-Tangmarg Road and accordingly a notification was issued by the Collector concerned vide notification dated 30th August 2005 in terms of Section 4 (1) of J&K Land Acquisition Act for inviting objections, if any, from the affected land owners as well as villagers. No objections were filed by the affected land owners and consequently PNC was held with land owners on 7lh October 2006. During negotiation, the rates as stated in the application were approved for land depending upon nature of the land. However, some of the land owners did not agree to the rates offered by PNC and filed a writ petition seeki

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