Satpal Gupta S/o Shri Amar Nath Gupta vs State of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 501

SANJEEV KUMAR, RAHUL BHARTI
Satpal Gupta S/o Shri Amar Nath Gupta – Appellant
Versus
State of J&K – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sanchit Verma.
For the Respondent: Ravinder Gupta.

JUDGMENT :

SANJEEV KUMAR, J.

1. This intra-Court Appeal filed by the appellant [‘the writ petitioner’] under clause 12 of the Letters Patent is directed against judgment 08.11.2016 passed by the learned Single Judge of this Court [‘the Writ Court’] in OWP No. 697/2012 titled Satpal Gupta vs. State and Others.

2. Before we advert to the grounds of challenge urged by learned counsel appearing for the writ petitioner, appellant herein, we deem it appropriate to give brief resume of the factual antecedents leading to filing of this appeal.

3. Land measuring 125 kanals, 13 marlas situate in village Narwal Bala, Tehsil and District Jammu was acquired by the respondents for public purpose, namely construction of 2nd Grid Station. A requisition was made by the Chief Executive Officer, JDA vide his Communication No. JDA/DDM/Mic.82/141.42 dated 04.05.1977. The Collector Land Acquisition (PWD) Jammu issued a notification under section 4(1) of the Land Acquisition Act Svt.1990 [‘the Act’] on 24.05.1977 which was published in the Government Gazette on 09.06.1977. Since no objections to the acquisition of the land under Section 5-A of the Act were received from the interested persons, a declaration

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