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SINDHU SHARMA
Chaman Kumar – Appellant
Versus
UT of J&K Through Commissioner-cum-Secretary, Revenue Department, Civil Secretariat, Jammu – Respondent
JUDGEMENT
1. Petitioners seek quashing of final award bearing No. ACR/LA/NHAI/F-Award/T.Parking/2017-18/325-31, dated 10.07.2017, to the extent of land measuring 3 Kanals 8 Marlas comprising of Khasra No. 134-min situated at Village Jhajjar Kotli, which is owned and possessed by them. A further prayer is sought for quashing of Notification No. LA/ACR/ NHAI/ Jhajjar Kotli/2016-17/88-95, dated 30.04.2016, issued by respondent No. 5 under Section 4(1) of the J&K State Land Acquisition Act, Svt. 1990 (hereinafter referred to as 'the Act'), whereby, the above-mentioned land of the petitioners has been notified at the instance of respondent No. 6 for truck parking adjoining to National Highway.
2. The Project Director, National Highway Authority of India, placed an indent with the Collector Land Acquisition, (Assistant Collector, Revenue), Jammu, vide letter dated 06.01.2016 for acquisition of land measuring approximately 2 hectares, for the construction of wayside amenities (Truck Parking) along the National Highway in Village Jhajjar Kotli, Tehsil Dansal, District Jammu. After completing all necessary documentation, a notification under Section 4(1) was issued to invite objections from i
Public interest prevails over private rights in land acquisition, and procedural delays do not invalidate acquisition proceedings.
Acquisition of Land - Grant of damages - Notification under Section 4 of the Act was not in consonance with the provisions of the Act.
Acquisition of Land - Compensation - It is settled that the forum of writ petition is not as a matter of right or an appellate forum but is an extra ordinary remedy provided to check miscarriage of j....
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 emphasized that challenging the acquisition proceeding through a writ petition, even with a delay of few months, is fatal and cannot be entertained. The court also highlighted the principle....
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award and receipt of compensation in exceptional cases falling within ....
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