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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Rattan Chand, S/o Late – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
01. The petitioners through the medium of present petition have challenged the final award bearing No. SDMR/LA/Amuse-Park/2019-20/325-26 dated 24.04.2019 passed by the Collector Land Acquisition, R.S Pura, Jammu (respondent No. 5) by virtue of which land measuring 134 kanals and 11 marlas falling under khasra Nos. 11, 13, 14, 15, 17, 19, 20 and 21 situated at Village Abdal (Nai Basti) Tehsil Suchetgarh, District Jammu has been acquired for construction of Amusement Park.
02. According to the petitioners, they and before them their predecessors in interest have been in uninterrupted peaceful cultivating possession/occupation of the aforesaid land for the last more than 70 years, and, this fact is recorded in the revenue record. It has been contended that respondent No. 5 has, without following the mandatory procedure as laid down in Jammu and Kashmir Land Acquisition Act, 1990 Svt., {hereinafter to be referred as “State Land Acquisition Act”} acquired the land in question without hearing the petitioners. It has been submitted that pursuant to indent dated 21.09.2016 placed by Director Tourism, Jammu for acquisition of the land in question for the purpose of construction of
Mandatory compliance with notification procedures in land acquisition is essential; failure to do so invalidates the acquisition process.
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.
Failure to comply with statutory publication requirements and omit mandatory enquiry under Section 5(A) invalidated the land acquisition process.
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....
Acquisition of Land - Grant of damages - Notification under Section 4 of the Act was not in consonance with the provisions of the Act.
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