Excelsior Correspondent
SRINAGAR, Aug 12: The High Court said that the Government has exclusive powers for land acquisition for public interest project for which acquisition is undertaken, is for beneficial of larger interests.
Dismissing a writ petition whereby award for land acquisition was challenged, the Court of Justice Tashi Rabstan has held that it is prerogative of Government to acquire the land if it is meant for public use.
“It is for the Government to decide that a particular acquisition was required for public purpose and once the Government arrives at such a conclusion it would be a conclusive proof about the purpose. The other principle that has been ingrained is that if a project is beneficial for the larger public, inconvenience to smaller number of people is to be accepted”, court said.
For widening of road from Habba Kadal, Kralkhud to Baba Dharam Das Road Tehsil, Srinagar, Collector, PHE/Circular Road Project, Srinagar issued Notification in exercise of powers conferred upon him by sub-section (1) Section (4) of the J&K Land Acquisition Act, Svt.1990, for acquisition of land, owned by petitioner-Hajar and objections were also invited with respect to the land acquisition.
Authorities requested Financial Commissioner (Revenue), for issuance of Declaration under Sections 6 and 7 of the Land Acquisition Act. In terms of said communication settlement was intimated to have been arrived at between parties.
Thereafter, final award of Rs.1,20,919.00 was issued in favour of petitioner-Hajra for the acquired land. While challenging award, she sought that it be declared as null and void and unsustainable in the eyes of law.
It has to be respectfully accepted as a proposition of law that individual interest or, for that matter, smaller public interest must yield to the larger public interest. Inconvenience of some should be bypassed for a larger interest or cause of the society.
Court in the petition without going to the merits of the case as to whether the award passed was in tune with the laws or not, said while dealing with the preliminary issue raised by respondents as regards maintainability of writ petition.
Referring to Section 18 of J&K Land Acquisition Act, Court said, that in terms of Section 18, it is evident that any person, not interested to accept the award, shall approach the Court for its determination. “But the instant writ petition on hand, filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, is not maintainable in view of the remedy available under Section 18 of the Land Acquisition Act”, court said.
“For all what has been discussed above, writ petition is devoid of any merit and is, accordingly, dismissed along with connected MP(s). However, petitioner is at liberty to avail of appropriate remedy as available under law”, court directed.
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