The satisfaction of the Government is a non-delegable requirement for issuing a declaration under Section 6 of the Jammu and Kashmir Land Acquisition Act, 1990.

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 indent for acquisition forwarded by the Deputy Commissioner, Reasi who is ex-officio Vice Chairman of Shiv Khori Shrine Board. On the said requisition, the Collector Land Acquisition (Additional Deputy Commissioner) Reasi issued a notification under Section 4(1) of the Act on 22.01.2011. The interested persons were granted opportunity in terms of Section 5-A of the Act to file objections and a report was prepared by the Collector. The report was submitted to the Deputy Commissioner Reasi who in exercise of his power as per SRO 235 and 236 issued the declaration on 23.02.2011 under Section 6/7 of the Act. Thereafter final award was pronounced on 06- 08-2012. The acquisition proceedings were drawn in accordance with the statutory provisions by the competent authority and there is no illegality in acquiring the land.

5. To cut short the matter, let us examine the provisions of Section 4 and Section 6 of the Act so as to find out the essential requirement of law in publishing the said notifications and the competent authority that is empowered to issue and publish the said notification.

6. First we deal with the notification issued under Section 6 of the Act inasmuch as it is the final declaration to acquire the land whereas the notification under Section 4 of the Act is simply a proposal.

7. Section 6 of the Act reads as under:-

“6. Declaration that land is required for public purpose.–

(1) When the Government is satisfied after considering the report, if any, made under section 5-A, sub-section (2), that any particular land is needed for public purpose, a declaration shall be made to that effect under the signature of the Revenue Minister or of some officer duly authorised in this behalf:

[Provided that no such declaration shall be made unless the compensation to be awarded for such property is to be paid wholly or partly out of the public revenues or some fund controlled or managed by a local authority.]

(2) The declaration shall be published in official Gazette, and shall state the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate areas and where a plan shall have been made of the land, the place where such plan may be inspected.

(3) The said declaration shall be conclusive evidence that land is needed for a public purpose, and after making such declaration the Government may acquire the land in manner hereinafter appearing.”

8. A plain and simple reading of sub-section (1) of Section 6 which is relevant for our purpose reveals that a declaration under Section 6 has to be made when the Government is satisfied that the land is needed for public purpose and such a declaration is to be made under the signature of the Revenue Minister or of some other Officer duly authorized in this behalf. In o