Land acquisition requires strict adherence to statutory notice and objection provisions to ensure fair process and protect property rights.

1. Petitioners through the medium of present writ petition are seeking quashing of Notification No. HB / LA / LME - 07 of 2003 dated 17th of May 03, issued under S.4 of the Land Acquisition Act, 1990 , (hereinafter called the Act) and the notification / declaration made under S.6 and S.9 of the Act in respect of land and orchards comprised in Khasra Nos. mentioned in the writ petition measuring 185 kanals and 5 marlas situated in the Revenue Estate of village Ferozpur, Tehsil Tangmarg, District Baramulla.

2. The Collector, Land Acquisition (LMEO), Jammu and Kashmir Housing Board, Jammu, in exercise of powers vested in him under sub-section (1) of S.4 of the Act, issued the notification impugned stating therein that land measuring 181 kanals 19 marlas is needed for public purpose namely for the development of a Housing Colony at village Ferozpur, Tehsil Tangmarg, district Baramulla, by the Jammu and Kashmir Housing Board, Jammu. It was mentioned in the notification that objections, if any, regarding the acquisition of the said land can be preferred before the said officer within fifteen days from the date of publication of the said notification. But subsequently, a corrigendum was issued on 9th of June 03 with regard to acquiring of some additional land also measuring 3 kanals 15 marlas situated in the same village and it was stated in the corrigendum that objections, if any, may be filed in the office of the Deputy General Manager. Housing Unit No. II, Srinagar, Chhanpura, District Budgam, within fifteen days of the issuance of the said corrigendum during office hours on any working day.

3. Petitioners have impugned the aforesaid notification on the grounds that even though the same was published in the Government gazette but no other requirement like giving of wide publicity as indicated in the rules was followed, and therefore, there was no occasion for the petitioners to know about the issuance of notification impugned. It is stated that the petitioner came to know about the issuance of the said notification from their personal sources. It is further stated that there is complete departure, non - compliance and violation of the mandatory provisions of S.5 - A and other provisions of the Act. It is stated that the said property is an ancestral property of the petitioners and the same includes an orchard apart from a house constructed on the part thereof and there are large number of fruit trees; that the position of the land is sloppy and in the shape of terrace and therefore, it cannot be used for developing the residential colony; that the policy of acquisition of land which is in the shape of orchard is contrary to the Policy of the State; that the physical location of the orchard is about one kilometer away from Tangmarg and abutting forest land and there is no direct excess to the orchard except by crossing over the land of the other persons; that there exists large chunk of vacant land belonging to other persons also but the respondents with mala fide intention at the behest of political persons have notified the land and orchard belonging to the petitioners for acquisition; that the objections in terms of S.5 - A of the Act were sent by the registered post on 25th of July 03 but the same were not considered on the ground that these have been received after the due date; that notice in terms of S.5 and S.5 - A of the Act indicates addresses of the petitioners as Lal Mandi, Srinagar, whereas the petitioners were actually residing at Delhi and only an intimation to the Chowkidars was made the basis for adjudication of the objections in terms of S.5