Excelsior Correspondent
JAMMU, Oct 18: In a significant development, High Court has disposed of petitions challenging acquisition of land for de-touring of canal due to expansion of Jammu Airport.
The petitioners had assailed the notification dated 22.10.2011 issued under Section 4 of the Jammu and Kashmir Land Acquisition Act, 1990 and prayed before the High Court for issuance of directions to the respondents to treat them at par with those persons whose land has been de-notified from acquisition.
As per the details of the case, an indent was placed by the Irrigation and Flood Control Department for acquisition of land measuring 123 kanals situated at Rakh-Raipur for detouring of canal due to expansion of Jammu Airport.
A notification was published under Section 4(1) dated 21.10.2011 on 23.10.2011 by which the objections were invited. However, no objection was received. Thereupon, a notification under Sections 6 and 7 of the Act was issued on 08.11.2012 and subsequently a notification under Section 9 and 9(A) of the Act was issued on 18.12.2012 and an award was passed on 24.07.2014. The writ petitions challenging these notifications were filed in the month of August 2014.
After hearing both the sides, Justice Alok Aradhe observed, “the petitioners have failed to explain the delay and latches on their part as they have approached this court after a period of one year and eight months after acquiring the knowledge of the proceedings for acquisition of their land”. “The petitioners are not entitled to any relief”, he added.
“In view of preceding analysis, court does not find any merit in the writ petitions”, Justice Aradhe said, adding “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 the law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today”.
With these observations, court disposed of the petitions.
It is pertinent to mention here that Justice Alok Aradhe is dealing with all those mega projects where interim orders from the High Court have stalled the execution work.
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