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| Petitioner not entitled to challenge notifications, says HC | | JDA acquired land for satellite township but indulged in land trading | | Early Times Reporter
Jammu | June 1
Justice JP Singh of J&K High Court Jammu Wing in a petition filed by 49 owners of land in village Majheen challenging the JDA indulging in land trading rather than taking steps to set-up Satellite Township Sidhra for which the land of the petitioners were acquired, has held that petitioners accepted compensation about 10 years ago and that too without any protest and thus are not entitled to question the notifications issued under the act at this belated stage.
The JDA had acquired the land as per the case of the petitioner in village Majheen by misleading the owners in projecting that the land was needed for public purpose developing the area as Satellite Township Sidhra but the malafide intention of JDA came to fore when it was discovered that rather than developing the satellite township, the authority had been indulging in commercial transactions of their land and acting as such had illegally handed over 300 Kanals of land to Batra Hospital and 95 Kanals to IMPA. The petitioners have challenged the acquisition proceedings on the ground that the respondents had not followed the procedure prescribed under the act for acquisition of their land and in invoking the provisions of section 17 of the Act and said that they had not consented to offer their land to JDA for doing business as the authority was indulging in business. The petitioners have stated that 80% of compensation had been offered to the interested persons with the promise that Satellite Township would be developed providing facilities to the land owners but nothing of that sought had happened.
On the other hand JDA submitted that the owners including the petitioner had received 80% of the acquisition compensation for the acquired land in the year 1997 and that too without any protest and in that view of the matter they had no right to maintain the petition. JNF |
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