SrinagarThe interest of justice and the public purpose grow together, Jammu and Kashmir High Court has said, holding them as indispensable conditions to land acquisitions by the state government.
Individual interest or a smaller public interest has to give way to the larger public interest. The interest of justice and the public purpose grow together and these are the indispensable conditions embedded in the matter of the land acquisitions, said a division bench of Justices Ramalingam Sudhakar and M. K. Hanjura while holding a verdict by its single bench, while dismissing a plea by a woman whose land comes in the widening of a road stretch from HabbaKadal KralKhud to Baba Dharam Das Road here.
It is trite to say that after the award is passed, no writ petition can be filed to challenge the acquisition notice or against any proceedings thereunder. It is within the power and the authority of the Government to decide whether the acquisition is, or is not, required for public purpose, the courts said.
The single bench had held that the woman had an alternative remedy available to her under section 18 of the Jammu & Kashmir Land Acquisition Act.
This aspect has been rightly dwelt upon in the judgement of the writ Court (single bench). To this it may, however, be added that the appeal of the appellant is ineffective, incomplete, incompetent and defective, the division bench said.
The single bench had held that it was for the government to decide that a particular acquisition was required for public purpose and once the government arrives at such a conclusion it would be a conclusive proof about the purpose. The other principle that has been ingrained is that if a project is beneficial for the larger public, inconvenience to smaller number of people is to be accepted. It has to be respectfully accepted as a proposition of law that individual interest or, for that matter, smaller public interest must yield to the larger public interest. Inconvenience of some should be bypassed for a larger interest or cause of the society, a single bench of the court said while dismissing the petition by the womanMst. Hajra.
For acquisition of the land, the authorities had issued a notification under J&K Land Acquisition Act, Svt.1990 in a newspaper on 22 April 2001, inviting objections from the people.
Later the concerned revenue authorities on 7 January 2003 sent a communication to Financial Commissioner (Revenue), informing him about the settlement and eventually urging him to issue a declaration under Section 6 and 7 of the Act.
Hajra had contended that the authorities by various communications decided not to acquire the land and as such had urged the court to cancel the award as Section 11-B of the Land Acquisition Act.
On the contrary, the government raised preliminary objections as regards maintainability of the Hajras petition by contending that land measuring 715-Sqft owned by her has been acquired by authorities strictly in accordance with Land Acquisition Act and final award has been passed by Collector, Land Acquisition. She, if not agreed to final award, has to avail of alternative and efficacious remedy as available under the Act. The government also contended that the final award was valid notwithstanding non-payment of compensation and possession of land lying with her. Delay in taking over possession of land, according to the government, was due to pendency of litigation before Municipal Magistrate, Srinagar.
It is evident that any person, not interested to accept the award, shall approach the Court for its determination the single bench of the court had said.
In the present case, relief sought for by (Hajra) is to (declare) Award dated 09.10.2006 as non-exist and ineffective and unsustainable in the eye of law. The petitioner is questioning Final Award and subsequent proceedings of execution of notice for vacation. The petition on hand is not maintainable in view of the remedy available under Section 18 of the Land Acquisition Act, the court had said and dismissed her petition.
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