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SANJAY DHAR
Nazir Hussain – Appellant
Versus
State of J&K – Respondent
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, w
Substantial compliance with statutory procedures and proper intimation and hearing of affected parties are essential for valid land acquisition.
Land acquisition – Notification - Merely because land owners had knowledge or failed to file objections would not make the notification valid if it is not published in the manner provided.
The procedural requirements under the Land Acquisition Act must be strictly followed; failure to do so invalidates the acquisition process.
Mandatory compliance with notification procedures in land acquisition is essential; failure to do so invalidates the acquisition process.
The court emphasized the importance of compliance with the requirements under Section 4(1) of the Land Acquisition Act and held that the acquisition of the land was lawful.
Procedural lapses in land acquisition notification, hearing, and timelines vitiate proceedings, but completed construction and record loss warrant fresh award under original Act rather than new regim....
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
The court established that compliance with publication requirements and government satisfaction is essential for valid land acquisition under the Jammu and Kashmir Land Acquisition Act, Svt. 1990.
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