Bashir Ahmad Bhat vs State - 2022 Supreme(J&K) 677

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 677

SANJEEV KUMAR, MOKSHA KHAJURIA KAZMI
Bashir Ahmad Bhat – Appellant
Versus
State – Respondent

Advocates:
Advocate Appeared:
For the Appellant : M.A. Qayoom
For the Respondent: Hilal Ahmad Wani

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 opportu