Mangoo Ram Vs. State of
J & K & ANR  INSC 554 (18 March 2009)
JURISDICTION CIVIL APPEAL NO.7283 OF 2001 Mangoo Ram ...Appellant(s) Versus
State of Jammu and Kashmir and Anr. ...Respondent(s) O R D E R On 3rd November,
1998, a Notification under Section 4(1) of the State Land Acquisition Act, 1990
(Act No.X of 1990) (for short, `the Act') enacted by the Legislature of the
State of Jammu and Kashmir, was issued for acquiring 50 Kanals 16 Marlas of the
land situated in Village Kallar Himati, Tehsil and District Udhampur, which
included 16 Kanals of land belonging to the appellant for construction of new
fruit market. On coming to know of the said Notification, the appellant filed
objection dated 13th November, 1998 by pointing out that other land was
available within the village which was not being cultivated and, therefore,
there was no justification to acquire his land which was being cultivated by
him for his own livelihood and that of his family. The Collector Land
Acquisition (ACR), Udhampur without giving the appellant opportunity of hearing
in terms of Section 5-A (2) of the Act and without even disposing of his
objection, submitted report dated 6th March, 1999 to the
Commissioner-cum-Secretary to the Government, Revenue Department with the
request that declaration under Section 6 and 7 of the Act may be issued.
After 4 months of
....2/- -2- the receipt of report from the Collector Land Acquisition, the
State Government issued declaration under Section 6 of the Act, which was
published vide Notification dated 19th July, 1999.
unsuccessfully challenged the acquisition of land inasmuch as the writ petition
and letters patent appeal filed by him were dismissed by the learned Single
Judge and the Division Bench of the High Court respectively.
We have heard learned
counsel for the parties and perused the record.
Collector Land Acquisition submitted report without giving opportunity of
hearing to the appellant as per the requirement of Section 5-A (2) which is
mandatory and without even disposing of the objections filed by him.
Therefore, there is
no escape from the conclusion that the acquisition of the appellant's land was
illegal and the learned Single Judge and Division Bench of the High Court
committed an error by dismissing the writ petition and letters patent appeal
filed by the appellant.
appeal is allowed, the impugned orders passed by the learned Single Judge and
Division Bench of the High Court are set aside. The declaration made under
Section 6 of the Act by Notification dated 19th July, 1999 so far as the same
relates to the appellant's land, is hereby quashed.
Needless to say that
this order shall not preclude the State of Jammu and Kashmir from taking steps
afresh for issuing declaration under Section 6 after the objections filed by
the appellant are disposed of by the competent authority in accordance with
Section 5-A of the Act. No costs.
....3/- -3- I.A.
No.2 of 2003 Since no one has appeared for the applicant, the application for
impleadment is dismissed in default.
Pages: 1 2 3