GHULAM MOHI Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Petitioners in OWP no.759/2015 aggrieved of notifying their land, required for purpose public, namely, expansion of Fruit and Vegetable Market at Village Prichoo Tehsil and District Pulwama, have thrown challenge to and seek quashment of Notification no.57 of 2013 dated 31st December 2013, or in alternative payment of compensation and providing of alternative land to petitioners to rehabilitate them by giving employment to family members of petitioners.

(2.) Notification no.57 of 2013 dated 31st December 2013 has been taken back and land mentioned therein, including that of petitioners, de-notified vide notification no. DCP/LA/2015/669-74 dated 20th August 2015. After de-notification, Notification no.37 of 2015 dated 28th September 2015 has been issued, notifying the land mentioned therein for the aforesaid public purpose. Petitioners in OWP no.2106/2015 seek quashment of both de-notification no. DCP/LA/2015/669-74 dated 20th August 2015 as well as notification no.37 of 2015 dated 28th September 2015, or in alternative payment of compensation and providing of alternative land to petitioners to rehabilitate them by giving employment to family members of petitioners.

(3.) Reply has been filed by respondents.