Point of Law: If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of Section 4 (1) of Act.

JUDGMENT :

PANKAJ MITHAL, J.

1. The petitioners claim that they were owners in possession of land measuring 486 kanals and 19 marlas forming part of Khasra No. 2528 situated at village Baghala Tehsil and District Samba which devolved upon them through succession. The name of the petitioners was duly mutated vide Mutation No. 2877 and 2454, which is duly reflected in the revenue records.

2. That respondents-State Authorities initiated proceedings for acquiring about 626 kanals and 05 marlas of land in District Samba for the establishment of a Central University at the indent of the Higher Education Department, Jammu.

3. The petitioners contend that the aforesaid acquisition includes their land as well and, as such, aggrieved by the aforesaid action, they have been compelled to invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India.

4. The petitioners, accordingly, have preferred this petition seeking quashing of the notification dated 26.12.2011 issued by the Collector, Land Acquisition/Assistant Commissioner, Revenue, Samba under Section 4 (1) of the Land Acquisition Act, 1990 (for short ‘the Act’) and the consequential notices purported to have been issued under Sections 9 and 17 of the Act, the draft award dated 28.09.2012 with directions restraining the respondents from raising any further construction on the acquired land. In short, petitioners want quashing of the entire land acquisition proceedings in connection with the above land.

5. It may be pertinent to note that the petitioners have not challenged the declaration made under Section 6 of the Act by which the aforesaid land was finally notified to have been acquired. The said declaration under Section 6 of the Act was allegedly issued on 30.01.2012 by the Commissioner/Secretary to the Government, Revenue Department, Jammu and Kashmir.

6. The petitioners have challenged the acquisition proceedings as aforesaid primarily on the ground that the procedural requirement as envisaged under Section 4 (1) of the Act was not followed by the State Authorities in issuing the notification dated 26.12.2011 under Section 4 (1) of the Act.

7. It is contended that as the notification under Section 4 (1) of the Act was never notified/published in accordance with the manner prescribed under Section 4 (1) of the Act, therefore, the acquisition is bad in law. It is specifically alleged that the aforesaid notification was not published in the locality wherein the land is situated. There was no publication of the substance of the notification either in the locality or the two newspapers having large circulation.

8. This apart, it has been alleged that the notices issued under Sections 6,7, 9, 9A and 17 of the Act were never served upon the petitioners but the petitioners on acquiring Knowledge of the aforesaid acquisition proceedings in the month of January 2012, filed their objections to the proposed acquisition on 23.01.2012 and 03.03.2012 with the bonafide belief that their objections would be duly considered but the respondents without providing any opportunity of hearing proceeded with the acquisition and acted in violation of Section 5A of Act. No compensation as contemplated under Section 17A of the Act was paid to the petitioners.

9. The respondents Nos. 1 to 4 filed objections to the writ petition contending that on the indent placed by the Higher Education Department for setting up Central University, the Collector land Acquisition, Samba issued a notification dated 26.12.2011 under Section 4 of the Act. The petitioners were personally served with the above notification through the Tehsildar, Samba, who deputed the concerned Patwari to effect service upon the petitioners. The notification under Section 4 of the Act was also affixed in the office of the Collector as well as on the conspicuous places of the land under acquisition. In response to the said notification, the interested persons filed objections on 23.01.2012 through petitioner No. 15, Upjeet Si