BANSI LAL BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THESE two appeals* under Clause 12 of the Letters Patent are directed against the common judgment and order dated 23.12.2011 rendered by the learned Single Judge of this Court, dismissing the writ petition, OWP no. 963/2011 and CMP no. 1528/2011.

(2.) THE appellant-writ petitioners are aggrieved by acquisition of their land which is sought to be acquired by the respondent-State for a Public purpose of developing a Heritage site near Mausoleum of Poet "Souch Kral" at Village Inder (Pulwama). The appellant-writ petitioners are migrants and they placed reliance on a decision of the State Government dated 14.07.2009 which postulates that the land and property belonging to the migrants should not be included in the acquisition and should be acquired only as a last resort.

(3.) A new beginning was made again by issuing a fresh notification under Section 4 of the Act on 24.05.2011 for acquisition of the land of the appellant-writ petitioners and the proforma respondent no.4. The total area of land was reduced to 8 kanal and 1 sarsai. The appellant-writ petitioners filed their objections under Section 5-A of the Act on 06.06.2011. Thereafter notification under Section 6 of the Act was issued on 29.06.2011. Another notification was issued under Section 9 on 14.07.2011. The appellant-writ petitioners filed OWP no. 963/2011 challenging the issuance of notification on numerous grounds. They complained that their fundamental right to hold and enjoy the property and their rights being the migrants given by the State by issuing Circular dated 14.07.2009 have also been violated. It was also urged that there was no public purpose and the personal hearing was required to be afforded to them as is contemplated by the provisions of Section 5-A of the Act. However, the learned Single Judge dismissed the writ petition.