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2021 Supreme(J&K) 296

VINOD CHATTERJI KOUL, PANKAJ MITHAL
Mohammad Ramzan Lone – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M. A. Qayoom, Advocate, with Mr. Mian Tufail, Advocate.
For the Respondent: Mr. B. A. Dar, Sr. AAG.

JUDGMENT :

Pankaj Mithal, J.

1. Heard Mr. M. A. Qayoom, learned counsel for the petitioner and Mr. B. A. Dar, learned Sr. AAG, for the respondents.

2. The petitioner by means of the present writ petition is challenging the land acquisition proceedings in respect of his land measuring 1 kanal 3 marlas covered by survey no.168 situate at Bumhama, Kupwara.

3. The aforesaid land along with some other land total measuring 5 kanals and 15 marlas was notified to be acquired for the purpose of construction of a residential quarter of Planning Department Tehsil and District Kupwara. The proposal to acquire the land under Section 4(1) of the Jammu and Kashmir Land Acquisition Act Samvat 1990, hereinafter to as the Act, was published on 03.03.2014 and was followed by a declaration dated 30.01.2018. In connection with the aforesaid acquisition, the award under Section 11 of the Act was pronounced on 06.03.2018 and consequently its possession was taken over on 07.03.2018.

4. The primary argument of learned counsel for the petitioner is that the aforesaid purpose of constructing a residential quarter for Planning Department is not a public purpose and the land cannot be acquired for it. Secondly, the

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