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2021 Supreme(J&K) 638

PANKAJ MITHAL, RAJNESH OSWAL
Nisar Ahmed Ganai – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jatinder Choudhary
For the Respondent: D.C. Raina, Raman Sharma, R.K. Gupta, Jugal Kishore

JUDGMENT :

Pankaj Mithal, J.

1. All the three writ petitions are identical and similar on facts. They give rise to a common question of law and, as such, have been taken up together with the consent of the parties.

2. The petitioners through the medium of these writ petitions under Article 226 of the Constitution of India want that the respondents be restrained from passing an award under Section 11 of the repealed Land Acquisition Act, Svt. 1990 which is in pari materia with the Land Acquisition Act, 1894 and, that they should be paid compensation of their acquired land in accordance with the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the new Act').

3. In addition to the above primary relief claimed in the writ petitions, the petitioners have also prayed that the notification dated 15.11.2016 issued under Section 4 of the Land Acquisition Act (for short 'the Act') and the declaration dated 12.11.2018 issued under Section 6 of the Act as also the ancillary notices issued under Section 9 A and 9 B of the Act be quashed.

4. Heard Sh. Jatinder Choudhary, learned coun

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