JAMMU: Justice Alok Aradhe of J and K High Court on Tuesday disposed of the petition challenging the notification dated 22nd October, 2011 issued under Section 4 of the Jammu and Kashmir Land Acquisition Act, 1990 (hereinafter referred to as the Act).
The petitioners also sought a writ of mandamus to the respondents to treat him at par with the other occupants of the lands whose land has been de-notified from acquisition.
In order to appreciate the petitioners’ challenge to the impugned proceedings, few facts need mention which are stated infra.
An indent was placed by the Irrigation and Flood Control Department for acquisition of land admeasuring 123 Kanals situated at Rakh-Raipur, Tehsil and District Jammu for detouring of canals due to expansion of Jammu Airport.
A notification was published under Section 4(1) dated 21st October, 2011 in the newspapers on 23rd October, 2011 by which the objections were invited, however, no objections were received. Thereupon, a notification under Sections 6 and 7 of the Act was issued on 8th November, 2012 and subsequently, a notification under Section 9 and 9(A) of the Act was issued on 18th December, 2012 and an award was passed on 24th July, 2014. Thereafter the writ petitions were filed in the month of August, 2014.
Justice Alok Aradhe after hearing both sides observed that The petitioners have also failed to explain the delay and latches on their part as they have approached this Court after a period of one year and eight months after acquiring the knowledge of the proceedings for acquisition of their land. For this also, the petitioners are not entitled to any relief.
Court further observed that in view of preceding analysis, it did not find any merit in the writ petitions. Needless to state that the petitioners would be at liberty to make a prayer to the competent authority with regard to allotment of land at an alternative site and the competent authority shall consider the prayer of the petitioners in accordance with the law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today. With these observations court disposed of the petitions.