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HC disposes of petition challenging acquisition of land
Jammu Airport expansion case
10/18/2016 10:10:53 PM

Early Times Report

Jammu, Oct 18 : High court judge Alok Aradhe today disposed of a petition, assailing the October 22, 2011 notification issued under section 4 of the J&K Land Acquisition Act, 1990 for acquisition of land due to expansion of airport.
The petitioners had also sought a writ of mandamus to treat them at par with those whose land had been de-notified from acquisition.
An indent was placed by the Irrigation and Flood Control Department for acquisition of 123 kanals of land at Rakh Raipur for detouring of canals due to expansion of Jammu Airport. A notification was published under section 4(1) on October 23, 2011 in daily newspapers, inviting objections from people, but no objections were received. Thereupon, a notification under sections 6 and 7 of the Act was issued on November 8, 2012 and subsequently, a notification under section 9 and 9(A) of the Act was issued on December 18, 2012 and an award was passed on July 24, 2014. Thereafter the writ petitions were filed in August 2014.
Justice Aradhe, after hearing both the sides, observed that the petitioners had also failed to explain the delay and latches on their part as they had approached this court after one year and eight months after acquiring the knowledge of the proceedings for acquisition of their land. For this also, the petitioners were not entitled to any relief, he said.
The court observed that in view of preceding analysis, it 'does not find any merit in the writ petitions'. Needless to state that the petitioners would be at liberty to make a prayer to the competent authority with regard to allotment of land at an alternative site and the competent authority shall consider the prayer of the petitioners in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today, the court said.
With these observations, the court disposed of the petitions. (JNF)
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