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2023 Supreme(J&K) 76

RAJNESH OSWAL, MOHAN LAL
State of J. & K. – Appellant
Versus
Syed Zubaida – Respondent


Advocates Appeared:
For the Petitioners: M. Rais-ud-Din Ganai.
For the Respondent: M.I. Dar.

JUDGMENT :

[RAJNESH OSWAL, J.]

1. This intra Court appeal is directed against the Judgment dated 26.09.2013, whereby the learned writ court has directed the respondents therein/appellants to initiate and finalize the acquisition proceedings, if the land of the respondent is required by the appellants/respondents therein, in accordance with rules and pay the compensation. The said exercise was directed to be completed within a period of two months from the date of passing of the judgment.

2. The appellants being aggrieved of the same have assailed the judgment passed by the writ Court on the ground that the judgment impugned is contrary to the provisions of SRO-154, dated 07.03.1986, and the judgment impugned has been passed without admitting the writ petition and permitting the appellants to file detailed objections to the said writ petition, and without even hearing the appellants.

3. Mr Raies ud din Ganie, learned Deputy AG, appearing for the appellants has vehemently argued that the learned writ Court has passed the judgment in utter disregard of SRO-154, and further that no opportunity of being heard was afforded to the appellants while passing the judgment impugned. He further ve

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