IMPORTANT POINT
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.

JUDGMENT :

Sanjeev Kumar, J.

1. The petitioners claim that they are owners in possession of land measuring 4 kanals and 5 marlas covered by Survey No. 1968/1066 min, situated in Estate Nowhatta [Kathi Darwaza] Rainawari, Srinagar. Out of the said land, a piece of land measuring 2 kanals and 15 marlas was sought to be acquired by the Collector Land Acquisition [Additional Deputy Commissioner], Srinagar, under the provisions of Jammu and Kashmir Land Acquisition Act, Svt. 1990 ["the Act of 1990"]. A notification under section 4(1) was issued by the Collector Land Acquisition, vide No. DCS/LAC/1896/63-77, dated 20th April, 2011. The subject land was sought to be acquired for public purposes, namely "for widening of lawn of the Evacuee Property Complex at Kathidarwaza, Rainawari in Estate Nowhatta" Srinagar. The notification under section 4(1) of the Act of 1990 was in respect of total land measuring 4 kanals and 10 marlas, out of which land measuring 2 kanals and 15 marlas was the land owned and possessed by the petitioners. It is contended by the petitioners that no proper publication of the Section 4(1) notification was issued, and, as such, the petitioners were deprived of an opportunity to oppose the acquisition, and the notice issued under section 4(1) of the Act of 1990. The Section 4(1) notification was followed by a declaration issued by the District Collector, Srinagar, under section 6 of the Act of 1990 vide Notification No. 25/DCS of 2011. The declaration was to the effect that the District Collector, Srinagar, was satisfied after considering the report of the Collector Land Acquisition, Srinagar, that the subject land was required for public purpose i.e., "for widening of lawn of the Evacuee Property Complex at Kathidarwaza, Rainawari in Estate Nowhatta" Srinagar. As a matter of fact the Government in the Revenue Department also invoked Section 17 of the Act of 1990, directing the Collector Land Acquisition, Srinagar, to take over the possession of the aforesaid land required for public purpose subject to fulfillment of conditions prescribed under sections 9(2) and 17-A of the Act of 1990.

2. It may be noted that simultaneously with the proceedings initiated in terms of Section 4(1) notification issued on 20th April, 2011, for acquiring the land "for widening of lawn of the Evacuee Property Complex at Kathidarwaza, Rainawari in Estate Nowhatta" Srinagar, the Collector Land Acquisition, Srinagar, issued another notification in the exercise of powers conferred by Section 4(1) of the Act of 1990 for acquiring the land measuring 1 kanals, 10 marlas and 257 Sfts. falling in Khasra No. 1968/1066. This was also the piece of land belonging to the petitioners. This notification was issued by the Collector Land Acquisition, Srinagar, on 25th April, 2011, and the public purpose specified in the notification for acquiring the land was indicated as "widening of road" at Saidakadal, Srinagar. This notice was later on withdrawn and, therefore, there is no controversy qua the Section 4(1) notification dated 25th April, 2011.

3. The petitioners when came to know that their land was being acquired by the respondents not for any public purpose, but on account of mala fide intentions of the then Collector Land Acquisition, to deprive the petitioners of their land, they filed the instant petition. The notification under section 4 and 6 have been assailed in this petition, inter alia, on the following grounds:-

i) That Section 4(1) notification dated 20th April, 2011, insofar as, it pertains to the acquisition of land belonging to the petitioners, is not sustainable on the ground that the said land is not needed by the respondents for any public purpose. It is submitted that the land required "for widening of lawn of the Evacuee Property Complex at Kathidarwaza, Rainawari in Estate Nowhatta" Srinagar, cannot be said to be for public purpose. The Department of Custodian, which administers the immovable properties of Evacuees, is not an authority