OMESH SINGH Vs. STATE OF J&K
LAWS(J&K)-2020-12-91
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 28,2020

Omesh Singh Appellant
VERSUS
STATE OF JANDK Respondents




JUDGEMENT

JAVED IQBAL, J. - (1.)The respondent No. 3/Collector Land Acquisition, Ramban, issued a notification No. Acq/PMGSY/16/525-34 dated 23.12.2016 under section 4(1) of the State Land Acquisition Act, SVT 1990 (hereinafter for short "the Act") notifying therein land proposed to be acquired for construction of Hewagon-Dhanmasta road under PMGSY Scheme package No. JK04-101.
Since the alignment qua the construction of aforesaid road was found to cause damage to number of residential houses as well as land as such realignment of the takeoff of point of road in question got necessitated which realignment came to be approved by the Government of India upon being recommended by the Government of Jammu and Kashmir after obtaining an opinion of the experts in the matter.

(2.)The appellants herein after filing their objections under section 5-A of the Act inasmuch as availing an opportunity of being heard provided by the official respondents felt aggrieved of the notification dated 23.12.2016 supra inasmuch as the process of acquisition undertaken by the official respondents and instituted writ petition being OWP No. 1699/2017 out of which the instant appeal has arisen, after the said writ petition came to be dismissed by the writ court vide judgement dated 17.08.2019 impugned in the present appeal.
(3.)Before examining the validity or otherwise of the impugned judgement, it would be appropriate to refer to in brief, the case setup by the writ petitioners/ appellants and both official as well as private respondents here under:
Appellants contentions

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