Publishing Notice Only In English Newspaper Without Giving Mandatory Notice In Regional Language Vitiates Land Acquisition Proceedings: J&K HC
The Jammu and Kashmir High Court ruled that not publishing the notices as provided under the land acquisition Act for the benefit of the occupants of the land by publishing the notices in local language at conspicuous places vitiates the entire acquisition proceedings. The petitioner had challenged the land acquisition by the government for the public purposes citing that they had...
The Jammu and Kashmir High Court ruled that not publishing the notices as provided under the land acquisition Act for the benefit of the occupants of the land by publishing the notices in local language at conspicuous places vitiates the entire acquisition proceedings.
The petitioner had challenged the land acquisition by the government for the public purposes citing that they had no knowledge about the acquisition proceedings as no notice or information was published by the government regarding it, flouting many mandatory provisions of the act.
Justice Sanjay Dhar said that the arguments of the petitioner gains strength upon the perusal of the record which suggests that there was no objection filed by the occupants. The court noted that the provisions of the act required that information with respect to acquisition must be published in all modes.
The court added that notice was not given in the local vernacular as provided under the act and apart from that also the declaration as prescribed under section 6 was not published in the official gazette which violated the procedure prescribed by law, curtailing the rights of the occupants to file their objection to the same.
The court observed that it appears that government was under the impression that said land was vested in Dharmarth Trust Council which have given their consent by virtue of a communication giving no objection to the said acquisition.
The court noted that none of methods as provided under act was followed for publishing the acquisition notice except one publication in the local newspaper and that too was made in English language and not in local vernacular keeping the beneficiaries in dark about the acquisition.
BACKGROUND:
Petitioners through the medium of present petition have challenged the final award passed by the Collector Land Acquisition by virtue of which land measuring 134 kanals and 11 marlas has been acquired for construction of Amusement Park. The petitioner averred that land was acquired without giving due notice to the petitioner and without filing the objections by the interested persons.
The grievance of the petitioners is that the respondents have not adhered to the mandatory procedure for service of notifications under Sections 4(1), 5, 5-A, 6, 9 and 9-A of the State Land Acquisition Act.
The respondent no. 5 who is the collector filed its reply stating that the land in question was actually belonging to J&K Dharmarth Trust Council who has claimed that it is the owner in possession of the said land and has also sought a direction that amount of compensation be not released in favour of any other person.
APPEARANCE:
S.M Chowdhary, Advocate. FOR Petitioners
Sagira Jaffar, assisting counsel Monika Kohli, Sr.AAG , Advocate. FOR Respondents
Case-Title:- Rattan Chand & Ors vs UT OF J&K & ORS
Citation: 2025 LiveLaw (JKL) 128
