All Modes Of Publication Not Followed; Notice Only Published In English Newspaper: Jammu & Kashmir & Ladakh High Court Quashes Land Acquisition
The Jammu & Kashmir and Ladakh High Court stated that the publication of the notification issued under Section 4 of the State Act was compulsory in all three modes specified.
Justice Sanjay Dhar, Jammu and Kashmir and Ladakh High Court
While remarking that all modes of publication mentioned under the State Land Acquisition Act were not followed as it was published only in an English Newspaper, the Jammu & Kashmir and Ladakh High Court quashed the land acquisition proceedings.
The Court stated that the publication of the notification issued under Section 4 of the Jammu and Kashmir Land Acquisition Act, 1990 Svt. (State Act) in the manner prescribed is “compulsory” and the publication of the notice has to be undertaken by all the three modes as referred to in the said provision. The Petition challenged the acquisition of land for the construction of an Amusement Park in District Jammu.
A Single Bench of Justice Sanjay Dhar remarked, “But, in the instant case the record does not suggest that excepting publication of the notice in one newspaper of English language, the other modes of publication have been followed by the respondent-Collector. On this ground alone, the acquisition proceedings are liable to be quashed.”
Advocate S.M. Chowdhary appeared for the Petitioners, while Advocate Sagira Jaffar represented the Respondents.
Brief Facts
The Petitioners argued that the Collector, Land Acquisition, did not follow the mandatory procedure under the State Act, alleging that the notifications under Sections 4(1), 5, 5-A, 6, 9, and 9-A of the State Act were not served upon them. The Petitioners further contended that the award was passed ex-parte without hearing them, despite being interested persons affected by the acquisition.
Court’s Observations
The High Court held that “it is clear that publication of notification issued under Section 4 of the State Act in the manner prescribed therein is compulsory and the publication of the notice has to be undertaken by all the three modes as referred to in the said provision.”
The Court referred to the decision of the Supreme Court in J&K Housing Board v. Kunwar Sanjay Krishan Kaul (2011) wherein it was held that “the manner of publication of notification under Section 4 of the State Act is mandatory.” While holding so, the Supreme Court observed that “the object of publication in terms of Sub-Section 4(1)(c) of the Act is to intimate the people who are likely to be affected by the notification.”
“There is no report of the concerned Patwari or local Panchayat on record of the file to this effect. As already stated, the procedure prescribed for publication of notice under Section 4 of the State land Acquisition Act as contained in the said provision is mandatory and all the modes for publication mentioned therein are to be followed,” the Court reamrked.
Consequently, the Court ordered, “For the foregoing reasons, the writ petition is allowed and the impugned award passed by the respondents is quashed and the respondents are directed to initiate fresh proceedings for acquisition of the land in question.”
Accordingly, the High Court allowed the Petition.
Cause Title: Rattan Chand & Ors. v. The Union Territory of J&K & Ors. (WP(C) No. 1361/2023)
Appearance:
Petitioners: Advocate S.M. Chowdhary
Respondents: Advocate Sagira Jaffar, assisting counsel to Senior AAG Monika Kohli