RAVI ABROL Vs. UNION OF INDIA
LAWS(J&K)-2019-12-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 09,2019

Ravi Abrol Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

RAJESH BINDAL,J. - (1.)Present application has been filed by ten applicants praying for the following relief:-
"It is, therefore, respectfully prayed that for the reasons stated herein above and those to be submitted at the time of hearing, in view of the facts that the acquisition proceedings including the final award dated 30-1-2008 having been lapsed in terms of Section 24 of the RFCTLARR Act, 2013, the order dated 20-9- 2019 passed by this Hon'ble Court in the above titled petition and WP(C) No.2834/2019 has become ineffective and the respondents may kindly be directed that the same may not be implemented and said 61 families may not be dispossessed from their houses, shops etc."

(2.)The applicants before this Court claim themselves to be the persons whose land was acquired for expansion of the airport. The notification under Section 4 of the State Land Acquisition Act, Svt. 1990 was issued on 24.11.2005. Finally the land was acquired and the award was announced by the Collector, Land Acquisition on January 30, 2008. The land owners challenged the aforesaid acquisition by filing OWP No.726/2007 titled as Residents of Areas around Civil Airport, Satwari, Jammu and another v. Union of India and others, which was dismissed on April 30, 2010. The land owners whose land was acquired for expansion of the airport, claimed their rehabilitation. This Court vide aforesaid judgment while upholding the acquisition of land observed that "this judgment should not be taken by the State as an embargo on its sovereign power to formulate a rehabilitation policy in favour of the writ petitioners if it deems it appropriate."
(3.)Ever since then, taking the benefit of the observation made by this Court, the applicants are not permitting the authorities to take possession of the land raising hue and cry at various forums.
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