Valid acquisition process under the Jammu and Kashmir Land Acquisition Act, Svt. 1990, and the unauthorized occupation of acquired land by the petitioners.

JUDGMENT

Sanjeev Kumar, J. - The petitioners claim to be the owner in possession of land measuring 3 Kanals and 11 Marlas, falling under Survey No. 118, 121 and 122, situated at Chaimulla Qazigund (the subject land). On 12th July 2006, the respondent no. 3, issued a notification under Section 4(1) under the provisions of Jammu and Kashmir Land Acquisition Act, Svt. 1990 ['the Act of 1990']. The land which was notified for acquisition included land belonging to the petitioners measuring 13 Kanals and 16 Marlas falling under Survey Nos. 118, 121 and 122 situated at Chaimulla Qazigund. It is submitted that the respondents in particular Collector Land Acquisition, Anantnag, after issuance of notification 4(1) and complying with rest of the legal formalities prescribed under the Act of 1990, passed a final award in favour of petitioners qua the land measuring 10 Kanals and 5 Marlas only and did not take possession of the rest of the land i.e., subject land. The subject land thus remained in possession of the petitioners. The short grievance projected by the petitioners is that since the respondents do not require subject land for the public purpose for which Section 4(1) notification was issued by the Collector Land Acquisition, Anantnag, as such, respondent should formally de-notify the subject land so that the petitioners are in a position to put the said land to a profitable use. It is in this backdrop the petitioners inter alia pray for quashing of Section 4(1) notification and also seeking a direction to the respondents to de-notify the subject land which was part of acquisition notification issued under Section 4(1) of the Act of 1990. The petitioners claim that they have received compensation only in respect of land measuring 10 Kanals and 5 Marlas out of the total land measuring 13 Kanals and 16 Marlas notified for acquisition under Section 4(1) notification of the Act of 1990.

2. On being put on notice, the respondents 1 to 5 have filed their objections. It is submitted that the entire land belonging to the petitioners and others, including 3 Kanals and 16 Marlas (the subject land) was notified under Section 4(1) of the Act of 1990 on 17th May, 2007. After completing all requisite formalities, a final award was passed by the Collector Land Acquisition, Anantnag, vide his order No. 83-86/LA/Ang dated 23rd April, 2011. It is submitted that the final award pertains to acquisition of total land measuring 161 Kanals and 12 Marlas including petitioner's land measuring 13 Kanals and 16 Marlas.

3. The compensation has been assessed and paid to the interested persons. The petitioners have also received a sum of Rs. 49, 56,497/-(Forty-nine Lac, Fifty-six Thousand and Five Hundred Ninety Seven) out of the total compensation payable to the petitioners amounting to Rs. 79, 35,000/- (Seventy-Nine Lac and Thirty-Five Thousand). It is further submitted that the rest of the amount was offered to the petitioners, but they are deliberately avoiding to receive the same with an intention to grab the land measuring 3 Kanals 11 Marlas, which the petitioners intend to put to commercial use.

4. Having heard learned counsel for the parties and perused the material on record, we find that there is no serious dispute between the parties on the facts. Indisputably, land measuring 161 Kanals and 12 Marlas was notified for acquisition vide notification dated 17th May, 2007, read with corrigendum dated 23rd April, 2011, issued under Section 4(1) of the Act of 1990, issued by the Collector Land Acquisition, Anantnag. The land of the petitioners measuring 13 Kanals and 16 Marlas falling in different Khasra numbers, the details whereof is given above, was also part of acquisition notified in terms of Section 4(1) of the notification of the Act of 1990. Admittedly, the petitioners did not file any objections to the notification issued under Section 4(1) of the Act of 1990, and the subsequent proceedings for acquisition taken thereupon. The Collector Land Acquisi