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SANJEEV KUMAR, PUNEET GUPTA
J. & K. Housing Board through its Managing Director – Appellant
Versus
Raj Ali, S/o. Munshi – Respondent
JUDGMENT :
(Sanjeev Kumar, J.)
1. This intra court appeal under Clause 12 of the Letters Patent is directed against a judgment dated 25th October, 2016 passed by a learned Single Judge of this Court [“the Writ Court”] in OWP No.733/2013 titled Raj Ali and others v. State of J&K and others, whereby the writ petition filed by the respondent Nos.1 to 04 (hereinafter referred to as “the writ petitioners”, for convenience) has been allowed and the acquisition proceedings initiated by the appellant No.2 on the request of the appellant No.1 under the State Land Acquisition Act, Svt. 1990 (1934 A.D.) [“State Land Acquisition Act”] have been quashed and the appellants left free to proceed with the land acquisition proceedings after complying with the procedure prescribed under Sections 39 to 42 of the State Land Acquisition Act. OWP Nos. 850/2013 & 1537/2013 titled Puran Singh and others v. State of J&K and others and Gandharav Singh and others v. State of J&K and others also stand allowed by the Writ Court in terms of the order passed in OWP No.733/2013 for which the 5 LPAOW NO.1/2017 c/w LPAOW NOs.2/2017 & 3/2017 appellants have filed two separate writ appeals i.e. LPAOW Nos.2/2017 & 3/201
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The provisions of Section 11-B of the 1990 Act shall not be applicable to the cases where the Government has invoked Section 17 and the Collector has scrupulously complied with the requirements of Se....
Land acquisition - No appeal lies under Section 260-A of the Act against an order rejecting the application filed under Section 254(2) of the Act.
The court established that the failure to comply with the procedural requirements of the J&K Land Acquisition Act, particularly regarding the timely passing of awards and the payment of compensation,....
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
Acquisition of Land – Non passing of award – Lapse of proceedings - provisions of Section 24(2) of the 2013 Act, is not applicable to an acquisition proceeding initiated under the provisions of the K....
The main legal point established in the judgment is that the RFCTLARR Act, 2013 was not applicable in the present case, and the land acquisition proceedings should continue under the J&K Land Acquisi....
Section 24(2) of Act of 2013 does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Section 24 applies to a proceeding pending on the date of....
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