The main legal point established in the judgment is the interpretation of the term 'local authority' under the State Land Acquisition Act and the impact of the repeal of the Act on ongoing acquisition proceedings.

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 & 3/2017. We have taken up all these appeals for disposal together by this common judgment.

2. Before we take up for consideration the grounds of challenge addressed by the learned counsel for the appellants to assail the validity and correctness of the impugned judgment, we deem it appropriate to state few facts, as are relevant for disposal of the controversy raised in these appeals. For facility of reference facts from LPA No.1/2017 are noted.

3. The writ petitioners are claimably owners in possession of land bearing Khasra Nos. 48 measuring (06 kanals 05 marlas), 49 (05 kanals 10 marlas), 49 min (05 kanals 17 marlas), 50 (01 kanal 13 marlas), 51 (03 kanals 09 marlas, 52 (09 kanals 18 marlas, 53 (02 kanals 03 marlas), 54 (3 kanals 09 marlas), 55 (14 marlas) and Khasra No.56 (02 kanals 03 marlas) situated at village Meen Charkan Tehsil and District Samba [“subject land”]. The appellant No.1 is a statutory authority constituted under Section 3 of the Jammu & Kashmir Housing Board Act, 1976 [“the Act of 1976”] for taking measures, make schemes and carry out such works as are necessary for the purposes of dealing with and satisfying the need of housing accommodation, residential and office accommodations for the public sector. It is in pursuance of this objective and with a view to lay out a housing colony to meet the need for housing accommodation, the appellant-Board placed an indent with the Collector Land Acquisition, J&K Housing Board, the appellant No.2 herein, for acquiring a chunk of land measuring 3271 kanals and 6 marlas in village Meen Charkan and village Bari Tehsil and District Samba.

4. The respondent No.2 issued Section 4(1) notification under the State Land Acquisition Act for acquiring the said land. This was followed by Sections 6, 7, 9 and 17 notifications of the State Land Acquisition Act. The writ petitioners along with other land owners approached this Court by way of different writ petitions immediately after notifications under Section 9 and 9A of the State Land Acquisition Act were issued by the Collector. The writ petition was contested by the appellants herein by filing their objections. It was contended by the appellants before the Writ Court that the Collector is proceeding with the process of acquisition by strictly following the procedure laid down in the State Land Acquisition Act. With respect to applicability of the provisions of Sections 39 to 42 of the State Land Acquisition Act, it was contended by the appellants that the aforesaid provisions were not attracted to a case of an acquisition by the Jammu & Kashmir Housing Board, a statutory body constituted under the Act of 1976.

5. The writ petition filed by the writ petitioners herein along with other writ petitions involving determination of identical questions of fact and la