Substantial compliance with statutory procedures and proper intimation and hearing of affected parties are essential for valid land acquisition.

JUDGMENT :

1. The petitioner has challenged award dated 10.10.2013 in respect of the land measuring 27 kanals and 10 marlas under khasra Nos. 714, 717, 723 and 724 situated at Village Fatehpur, Tehsil and District Rajouri.

2. As per the case of the petitioners, they are owners in possession of the aforesaid land. The respondents vide notification issued Section 4(1) of the Land Acquisition Act issued on 02.01.2010 notified the aforesaid land for acquisition for the purpose of construction of Battalion Headquarter of J&K Police. It is alleged by the petitioners that the respondents have not followed the procedure prescribed under Section 4 of the Act inasmuch as the publication of the notification has not been undertaken in accordance with the law. It has been further submitted that as a result of this, the petitioners could not file the objections to the said notification and they were not heard. Thus, the declaration under Section 6 of the Act is illegal.

3. According to the petitioners, they came to know about the acquisition proceedings in December, 2013 when the notice under Section 9 and 9A of the Act was issued, whereafter, they filed a writ petition bearing OWP No. 1797/2013, which was disposed of by this Court on 27.12.2012 directing the respondents to adhere to the procedure envisaged under the Act. It has been further contended that while issuing notification under Section 9 and 9A of the Act, the requisite procedure has not been followed and in fact no such notice was served upon the petitioners. According to the petitioners, a notice was served upon them for appearing before the Collector on 20.04.2016 and by that time, the land had already been acquired by the respondents. Another contention that has been raised by the petitioners is that the land, which is subject matter of the impugned award, is agricultural land growing shalli crops and vegetables. Thus, without obtaining permission under Section 133 A of the Land Revenue Act, the award could not have been made.

4. Both the respondents i.e. Indenting Department as well as the Collector have contested the writ petition by filling their separate reply. The Collector in its reply has submitted that the Commandant JKAP 5th Battalion placed an indent along with funds availability certificate vide communication 13.12.2009 and on receipt for the said indent, notice under Section 4(1) of the Act was issued by the Collector on 02.01.2010 calling upon the interested persons to file objections to the proposed acquisition of land. It has been further submitted that the notice was served by the Tehsildar Rajouri upon the interested persons through Patwari Halqa who has reported that he has served the notice upon the interested persons but two persons refused to acknowledge the notice. It has also been submitted that the notice was published in two newspapers i.e. English newspaper Kashmir Times dated 10.01.2010 and Sher-e-Bharat, Urdu newspaper on the same date. Declaration under Sections 6 and directive under Section 7 of the Act was issued by the Collector in terms of the notification bearing No. 113/DCR of 2010 dated 23.02.2010.

5. According to the respondent-Collector, petitioner No. 2 and certain other land owners filed a writ petition bearing OWP No. 572/2010 before this Court challenging declaration issued under Section 6 of the Act dated 23.02.2010 as also the notices under Section 9 and 9A of the Act. On 28.10.2011, this Court allowed the writ petition, consequently declaration under Section 6 was quashed leaving it open to the Collector to act pursuant to the notification issued by him under Section 4(1) of the Act after hearing the petitioners.

6. It has been submitted by the respondent-Collector that pursuant to order dated 28.10.2011 passed by this Court, the petitioners in the said writ petition were called and heard, whereafter, their objections were found unsustainable. The case was submitted to the Government for issuance of declaration under Section 6 of the Act