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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
ARUN PALLI, RAJNESH OSWAL
Union Territory of J&K Th. commissioner Secretary Revenue Department, J&K, Civil Secretariat – Appellant
Versus
Piaray Lal Tickoo, S/o Lt. Shamboo Nath Tickoo – Respondent
| Table of Content |
|---|
| 1. migrants challenge land acquisition on procedural lapses. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appellants urge estoppel by knowledge and urgency. (Para 7 , 8 , 9 , 10) |
| 3. section 4 publication in local papers mandatory. (Para 11 , 12 , 13 , 14) |
| 4. section 5-a hearing obligation not fulfilled. (Para 15 , 16 , 17) |
| 5. section 11-b causes lapse on award delay. (Para 18) |
| 6. relief molded per precedents despite construction. (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
RAJNESH OSWAL, J.
1. The land of the respondents measuring 9 Kanals 4 Marlas comprising Survey Nos. 258, 258/1, 258/2, 259 and 593/267 situated at village Batapora, Tehsil and District Shopian was acquired by the appellants in terms of award dated 28.08.2007 under the Land Acquisition Act, 1990 (for short ‘the Act’).
2. The respondents filed a writ petition bearing OWP No. 779/2007 for quashing the proceedings for compulsory acquisition of their land initiated by the appellant No. 4 under the provisions of the Act and for quashing the communication dated 13.08.2007, whereby the respondents were notified that the final award would be pronounced on 28.08.2007 and were directed to appear before the appellant No. 4.
3. The res
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....
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
The finality of land acquisition proceedings and the principle that challenges to such proceedings should be initiated within a reasonable time.
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