Excelsior Correspondent
JAMMU, Dec 21: In a writ petition challenging the constitutional validity of J&K Land Acquisition Act, 1990 along with execution of the Ring Road Project, High Court today issued notices to the Law Secretary, Revenue Secretary, Deputy Commissioner Samba and Deputy Commissioner Jammu.
High Court also passed an interim order safeguarding future rights of the petitioners whose land is being acquired for the Ring Road Project.
“Any action— proceedings related to land acquisition initiated under the impugned Act for the construction of standalone Ring Road shall remain subject to the outcome of the writ petition”, Justice Alok Aradhe said after hearing Advocate Ankur Sharma, counsel for the petitioners.
The petitioners are the inhabitants of several villages where land is being acquired for construction of Ring Road. They are primarily aggrieved of the unjust and unfair compensation being paid to them by taking away their land at prices far below the prevailing market price. Majority of the petitioners are poor farmers whose life and livelihood stand jeopardized due to this land acquisition.
Advocate Ankur Sharma submitted before the High Court that the Right to Property is still a fundamental right in the State of J&K because the 44th Constitutional Amendment through which right to property was removed as a fundamental right has not been extended to the State of J&K.
He emphasized that the J&K has legislated the J&K Land Acquisition Act in gross violation of constitutional principles and the same is in violation of Articles 19 (1) (f), 31 14, 19 and 21 of the Constitution of India. “Right to property is a natural and inherent right of an individual and this right of individual conflicts with the right of State to acquire property”, he added.
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