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| Writ seeks de- notification of land acquired for Sidhra Township | | HC orders to maintain status quo, issues notice to respondents | | Jammu| Jan 17
In a writ petition filed by 49 petitioners claiming to be the owners of land measuring 5172 Kanals and 17 Marlas situated at Village Mahjeen Tehsil Samba District Jammu, which was notified for the purpose development of satellite township Sidhra, the Vacation Judge of J&K High Court Jammu wing, Justice Hakim Imtiyaz Hussain, after hearing Advocate HC Jalmeria appearing for the petitioners, issued notice to respondents State through Commissioner/Secretary Revenue, VC JDA, SS Jamwal Collector Land Acquisition JDA and VK Gupta Collector Land Acquisition JDA returnable within four weeks. In the meanwhile, Court ordered that, subject to the objections by the other side, and till the next date of hearing, the status quo, as it exists shall be maintained.
In the writ petition it has been submitted that respondents made a proposal to develop Satellite Township at Sidhra, for which JDA in its notification of January 8, 1993 placed indent for acquisition of village Mahjeen for public purpose shown as development of satellite township Sidhra. The Collector Land acquisition of JDA divided the village into two parts and issued notification for part No1on January 25, 1993 read with corrigendum dated March 25, 1993 for land measuring 2379 Kanals and 2 Marlas. It has been alleged in the petition that without following the procedure laid down in the land acquisition act and rules, the collector made draft award on July 4, 1996 and submitted that same to the District Collector Jammu for approval of rates. Similarly, the collector of part-II issued notification on January 25, 1993 read with corrigendum March 25, 1993 for acquisition of land measuring 2793 Kanals 15 Marlas.
It has been further alleged in the petition that without making the final award and despite protests by the landowners, the JDA in league with revenue officials, made entries of JDA in the possession column of Girdawari records of Village Mahjeen. The JDA with the use of police force transferred possession of about 300 Kanals land to Batra firm for hospital in Private sector and about 95 Kanals to IMPA, the rest of land is in cultivating possession of the land owners/petitioners. It was further alleged that the respondents have abandoned the project of developing satellite township Sidhra and are now only interested in doing business by selling the land of the petitioners on multiplied higher rates as compared to those offered to the petitioners. It has been submitted that without being owners, the JDA is doing illegal activities on the ancestral land of the petitioners and have no right to do so as the respondents have abandoned the objective of developing the satellite township.
In the petition it has been alleged that the JDA having no ownership rights in the village is entering into illegal activities and have sold about 300 Kanals to Batras where the later have constructed a hospital in private sector. The respondents also sold 95 Kanals of land to IMPA. Of this, 74 kanals were sold at Rs .two lakh per kanal while the remaining 20 kanals were sold at Rs. four lakh per kanal, the petitioners alleged and prayed before the Court that the land in question be de- notified and reverted back to the petitioners .
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