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2021 Supreme(J&K) 329

MOHAN LAL, PANKAJ MITHAL
Balwant Singh – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Appellant :Sh. Pranav Kohli, Sh. Arun Dev Singh, Advocate
For the Respondent: Sh. S.S.Nanda, Adv

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 i

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