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2021 Supreme(J&K) 496

PANKAJ MITHAL, MOHAN LAL
Muzzafar Ahmed Beigh – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Sh. Abhinav Sharma, Senior Advocate with Sh. Vishal Sharma, Advocate.
For the Respondent Nos.1 to 4: Sh. S.S. Nanda, Sr. AAG.
For the Respondent No.5: Sh. Ravinder Gupta, AAG.

JUDGMENT :

Pankaj Mithal, J.

The three petitioners are brothers and have preferred this writ petition for the quashing of the notification dated 12.04.2008 issued under Section 4(1) of the Jammu and Kashmir Land Acquisition Act, 1996 (hereinafter referred to as ‘the Act’); quashing of the notification dated 28.07.2010 issued under Sections 6 & 7 of the Act; quashing of the notices dated 29.07.2010 issued under Sections 9 and 9A of the Act; and for the quashing of the final award dated 27.07.2011 passed under Section 11 of the Act. A further prayer has been made that the respondents be restrained from dispossessing the petitioners from their land/house.

2. The petitioners claim ownership and possession of 18 marlas of land of Khasra No. 459 situated in Mouza Birshalla Tehsil and District Doda.

3. It is stated that out of the aforesaid 18 marlas of land, 10 marlas of land is a vacant piece of land whereas on the remaining 8 marlas, two houses of the petitioners exist.

4. It is alleged that on the request of the Executive Engineer, PWD (R&B), Special Sub-Division Doda-respondent No. 5 dated 12.04.2008, the Collector Land Acquisition, Doda-respondent No. 4 issued a notification under Se

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