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PANKAJ MITHAL, RAJNESH OSWAL
Virender Pandoh – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. Heard Sh. Rahul Bharti, senior counsel assisted by Ms. Zoya Bhardwaj, learned counsel for the petitioner and Sh. D.C. Raina, Advocate General assisted by Sh. F.A. Natnoo, learned Additional Advocate General.
2. The petitioner through the medium of this writ petition under Article 226 of the Constitution of India prays for issuance of an appropriate writ in the nature of the mandamus commanding the respondents to produce the entire record of the acquisition of land in connection with the Award No. COL/ADC/Rsi/12/304, dated 06.08.2012 and to declare the said proceedings as null and void in respect of the petitioner's land measuring 22 kanals comprising Khasra No. 298 min and 299 min situate in Village Kotla Reasi.
3. The petitioner inter alia contends that the notifications issued under Section 4 and 6 of the Jammu and Kashmir Land Acquisition Act, 1990 (hereinafter referred to as 'the Act') were not issued by the competent authority and that no satisfaction of the Government was recorded for acquiring the said land and as such, the entire proceedings stand vitiated in law.
4. The respondents have filed objections stating that the aforesaid land has been acquired on the ind
The court established that compliance with publication requirements and government satisfaction is essential for valid land acquisition under the Jammu and Kashmir Land Acquisition Act, Svt. 1990.
Land acquisition – Notification - Merely because land owners had knowledge or failed to file objections would not make the notification valid if it is not published in the manner provided.
Mandatory compliance with notification procedures in land acquisition is essential; failure to do so invalidates the acquisition process.
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 S....
The main legal point established in the judgment is the strict adherence to the prescribed timelines and procedures under the Land Acquisition Act, 1894, and the consequences of non-compliance, leadi....
Acquisition of Land - Compensation - It is settled that the forum of writ petition is not as a matter of right or an appellate forum but is an extra ordinary remedy provided to check miscarriage of j....
The main legal point established in the judgment is that the notification under Section 4(1) of the Land Acquisition Act was valid as the District Collector, acting within the authority delegated by ....
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