CHAMAN KUMAR Vs. UNION TERRITORY OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Union Territory Of JAndK
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(1.)The petitioners have approached this Court praying for quashing of notification dated 30.04.2016 issued under section 4(1) of the J&K Land Acquisition Act, Svt. 1990, (for short, "?the Act'), the notification dated 27.01.2017 issued u/s 6(1) thereof and also award dated 10.07.2017 passed by the Land Acquisition Collector. The prayer has also been made for setting aside of notices dated 07.02.2020 and 18.02.2020, vide which the petitioners have been directed to remove the shops/structures owned and possessed by them, which have allegedly been acquired.
(2.)The learned counsels for the petitioners submitted that they are owners in possession of land measuring 03 kanals and 08 marlas, forming part of Khasra no. 134 (min) situated in Village Jhajjar Kotli, where they have constructed their shop/structure. Vide notification dated 30.04.2016, issued u/s 4(1) of the Act, the respondents sought to acquire 33 kanals and 14 marlas of land for the purpose of parking of trucks adjoining to National Highway (Jammu-Srinagar). It was followed by notification dated 27.01.2017 issued u/s 6(1) of the Act. Thereafter, the award was announced by the Collector on 10.07.2017.
(3.)The challenge to the acquisition is sought to be made on the ground that the space required for parking of trucks cannot be said to be a public purpose for which the land can be and should be acquired. In the case in hand, there was non-compliance of the provisions of sections 4 and 6 of the Act regarding publication of notifications in the newspapers. In fact, the petitioners never came to know about the acquisition in question, hence, could not raise any objections. They came to know about the process of acquisition only when they received the notices in February 2020, regarding removal of the super structure existing on the acquired land.
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