Mohd. Abdullah Chowdhary vs State of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 445

PANKAJ MITHAL, SINDHU SHARMA
Mohd. Abdullah Chowdhary – Appellant
Versus
State of J&K – Respondent

Advocates:
Advocate Appeared:
For the Petitioner(s):Sh. O.P. Thakur, Sr. Advocate with Sh. Anoop Singh Thakur, Advocate
For the Respondent(s) Nos.1 and 5: Sh. S.S. Nanda, Sr. AAG
For the Respondent(s) Nos.2 to 4: Sh. Ravinder Gupta, AAG

Judgment :

Pankaj Mithal, CJ.

1. The petitioner through the medium of this petition under Article 226 of the Constitution of India read with Section 103 of the erstwhile Constitution of the State of Jammu and Kashmir has prayed for the quashing of notifications dated 09.03.2007 and 12.03.2009 issued under Sections 4 and 6 respectively of the Jammu and Kashmir Land Acquisition Act (‘the Act’) and also the award dated 27.09.2010 passed under Section 11 of the Act.

2. The petitioner has also challenged the communication dated 06.02.2013 by which the Collector Land Acquisition (PWD), Jammu, has intimated that the application of the petitioner for reference under Section 18 of the Act has been rejected as barred by time.

3. The petitioner has also challenged the letter dated 15.02.2014 of the Collector Land Acquisition (PWD) refusing to make supplementary award as was assured and stated to be made in the award dated 27.09.2010.

4. The petitioner at the same time has also sought issuance of writ of mandamus for a direction upon the respondents to initiate fresh proceedings for acquiring the land in question after treating the earlier proceedings to be hit by Section 11-B of the Act and to