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| HC disposes petitions over construction of new bus stand at Katra | | | EARLY TIMES REPORT
JAMMU, Sept 08: The high court today disposed of all the petitions as regards the construction of new Bus Stand at Katra and the approach road to the holy township.The process was initiated in 1997 and land measuring 422 kanal and 12 marlas at Kundrorian,Katra, was notified to be acquired in terms of land acquisition act and notification No 22-RD of 2010 dated September 23, 2010, was issued by the
government.
In a bunch of petitions, the notification was challenged and compensation was sought
at the market value of not less than 1.5 cr per kanal.Justice Mohammad Yaqoob Mir, after going through the petitions and questions raised in them, observed that in view of the law coupled with the position of the case in hand, it had to be concluded that the petitioners had not been heard in support of their
objections effectively. Therefore, acquisition proceedings under sections 6, 9, 9-A and 17 of land acquisition act vis-a-vis land of the petitioners were held invalid. The notification issued under section 4 of the act was held to be valid. The collector acquisition in accordance with section 5-A (2) of Act shall hear the petitioners in support of their objections and thereafter shall formulate his report which shall contain recommendations of each objection and such report shall be submitted to the
government.
It would then be for the government to take any decision which would be binding on the petitioners, the court ordered.Justice Mir observed that all the proceedings vis-a-vis owners who had not filed any objections and had accepted the compensation shall be final, shall not be open to any question and in case of that land, the respondents shall be at liberty to proceed ahead to utilize the same for the purpose it had been acquired because question of land required for public persons, ie construction of bus stand had already been set at rest by the HC division bench in a case so the same was not open
to any question now.
The order of status-quo of such land shall cease to be in operation. The respondents, while dealing with the objections of petitioners, shall adhere to the mandate of section 5-A (2) of the Act and other provisions of the Act. Court clarified that observations made shall not prevent the respondents in having
recourse to urgency provision section 17 of the land acquisition act if so required. With these observations, the court disposed of all the petitions.
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