BISHAN DASS Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-12-89
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 29,2020

BISHAN DASS Appellant
VERSUS
Union Territory Of JAndK Respondents




JUDGEMENT

RAJESH BINDAL; ACJ - (1.)This order will dispose of five writ petitions involving challenge to acquisition of land vide same notification.
WP(C) No. 1237/2020

(2.)The petitioners have approached this Court praying for quashing of the notification dated 30.11.2018, issued u/s 4 of the J&K Land Acquisition Act and 3 connected petitions (for short "the Act") and notification dated 14.05.2019, issued u/s 6 thereof and the award dated 09.09.2019, announced by the Land Acquisition Collector.
(3.)It is claimed by the petitioner that he is owner to the extent of 8 kanals of land forming part of khasra No. 135 min, out of which 2 kanals and 15 marlas of land was acquired but at the spot, possession of 3 kanals and 10 marlas of land was taken. As per the notification, the purpose of acquisition is widening of Jammu-Akhnoor road. In the statement accompanying the award showing the names of the persons who are entitled to compensation, name of Rajinder Singh has been mentioned at serial No. 1. He is shown to be owner in possession of the acquired land whereas he had expired way back on 12.05.2007. Death certificate has been placed on record. In the revenue record, ownership of the land was changed in favour of his legal heirs for which mutation was also entered on 05.09.2002. To challenge the acquisition, the arguments raised is that a dead person cannot be issued any notice if in the record of the Land Acquisition Collector deceased Rajinder Singh was the owner. It was further submitted that as per Section 17-A of the Act, before taking the possession, 80% of the compensation was to be paid. In the case in hand, there was no question of payment of compensation to Rajinder Singh, whose name has been shown in the apportionment statement annexed with the award of the collector.
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