P. Sathasivam, J. - (1.) Leave granted.
(2.) These appeals are directed against the judgment and order dated 21.05.2009 passed by the High Court of Jammu and Kashmir at Jammu in LPAOW No. 60 of 2007 CMP No. 91 of 2007 whereby the High Court dismissed the said appeal filed by the J & K Housing Board - the Appellants herein.
(3.) Brief facts: (a) On 17.05.2003, the Collector, Land Acquisition (Land Management Estates Officer), Jammu and Kashmir Housing Board, Jammu (in short the Board) issued a Notification under Section 4(1) of the Jammu & Kashmir Land Acquisition Act, 1990 (hereinafter referred to as the State Act) notifying the land measuring 181 kanals 19 marlas was needed for the public purpose by the Board, namely, for "development of Housing Colony" at Village Ferozpur, Tehsil Tangmarg, District Baramulla and calling for objections, if any, within 15 days from the date of publication of the said notification. The aforesaid notification was published in the Himalayan Mail newspaper on 21.05.2003 and in the Greater Kashmir newspaper on 22.05.2003 in the State of Jammu and Kashmir. Again, on 04.06.2003, the said notification was published in two daily newspapers. On the very same day, notice under Sections 5 and 5-A of the State Act was issued to all land owners for hearing of objections vide Office Order No. HB/LMEO/83-85 directing them to remain present at the spot on 16.06.2003 at 12.30 p.m. On 09.06.2003, the Collector issued an Addendum vide office order No. HB/LMEO/87-96 for acquiring additional land of 3 kanals 15 marlas. On 11.06.2003, a corrigendum was issued with regard to the said Addendum stating therein that the measurement of land sought to be acquired was not correctly calculated and it may be read as 185 kanals 05 marlas instead of 185 kanals 14 marlas and objections, if any, may be filed within 15 days of the issuance of the said corrigendum. (b) On 16.06.2003, none of the owners was present on the spot except some paid labourers/Chowkidars who were looking after the said land. On 24.06.2003, the Collector, LMEO submitted a letter to the Deputy Commissioner (District Collector), Baramulla vide office letter No. HB/LMEO/120-22 for recommending the case to higher authorities for issuance of declaration under Sections 6, 7 and 17 of the State Act. On 03.07.2003, the Deputy Commissioner directed the Collector to take action in accordance with the Revenue Department Circular No. 13/8-REV/(LAK)99/2000 dated 23.05.2000. On 16.07.2003, the Respondents sent a telegram to the Tehsildar, Tangmarg, who in turn, forwarded the same to the office of the Collector on 19.07.2003. In accordance with the directions of the Deputy Commissioner (District Collector), the Collector, vide letter No. HB/LEO/158-60 dated 22.07.2003, requested the Financial Commissioner (Revenue) J & K Government to recommend the case to higher authorities for issuance of declaration under Sections 6, 7 and 17 of the State Act. (c) By Notification No. 199 RD/04 dated 15.01.2004, a declaration was made under Section 6 of the State Act to the effect that the land mentioned in the notification was needed for public purpose. Further, in pursuance of Section 17 of the State Act, the Collector was directed to take possession of the aforesaid land subject to completion of all formalities including those under Sections 9(2) and 17-A of the State Act and Rule 63 of the Land Acquisition Rules (in short the Rules) and to finalize the proceedings immediately. By letter dated 17.01.2004, all the land owners were again informed by the Collector about the acquisition of the land under Sections 9 and 9-A of the State Act and requesting them to remain present on the spot on 06.02.2004 at 11 a.m. (d) On 30.01.2004, a letter was received from the land owners requesting the Collector for fixing a fresh date after due notice to them. A draft award dated 28.07.2004 was passed by the office of the Collector assessing the total value of the land structure and the fruit trees at Rs. 2,77,31,901/-. Notification No. HB/CLA/214-17 issued under Section 17-A of the Act was published in the Himalayan Mail Daily on 20.08.2004, in Greater Kashmir Daily on 23.08.2004 and in Greater Alsafa Daily on 28.08.2004 mentioning the names of all the respondents. (e) Challenging the notifications, on 30.08.2004, the Respondents filed Original Writ Petition being OWP No. 941 of 2004 before the High Court of Jammu & Kashmir at Jammu. Learned single Judge of the High Court, vide order dated 03.09.2007, allowed the petition of the Respondents herein with liberty to file their objections afresh within 15 days of the receipt of the copy of the said order. Since the Respondentsland owners did not choose to receive the compensation and a reference under Sections 17-A and 32 of the State Act was filed on 03.09.2004 in the Court of District and Sessions Judge, Baramulla, a cheque bearing No. 0148568 dated 03.09.2004 amounting to Rs. 2,34,71,151/- (80% of the total assessed compensation) was deposited with the District Judge, Baramulla with a request for disbursement of the said amount among the actual and real owners of the acquired land. On the very same day, i.e., on 03.09.2004, the possession of the land was taken over by the representatives of Deputy General Manager, Housing Unit-II, Srinagar. (f) Challenging the said order of the learned single Judge, the appellants herein filed LPAOW No. 60 of 2007 before the Division Bench of the High Court. The Division Bench, by impugned judgment dated 21.05.2009, dismissed the said appeal. (g) Aggrieved by the said judgment, the Appellants have filed these appeals by way of special leave before this Court. ;