Dismissed

Lal Din Khan and Ors. v. State of J and K and Ors. Revenue

J&K HC14 Sept 2021OWP/2202/2018

Case brief

AI extract

What is this about?

Coram: Chief Justice Vinod Chatterji Koul and Judge Pankaj Mithal. A writ petition challenging land acquisition was dismissed as the petitioner failed to appear. The court found the petition was filed casually without disclosing facts of the prior acquisition, leaving the prayer vague. Discretion to interfere was refused.

What did the court decide?

The writ petition was dismissed as it was filed in a casual and cavalier manner without disclosing complete facts and with a vague prayer.

Lal Din Khan and Ors. Vs State of J and K and Ors. Revenue — Land Acquisition | J&K HC (2021)

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S. No. 15

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CJ Court

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CM No. 5599/2019 in OWP No. 2202/2018

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Lal Din Khan and Ors.

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…Petitioner(s)/Appellant(s) Through: None V/s State of J&K and Ors. …Respondent(s) Through: Mr. Irfan Andleeb, Dy. AG

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Coram:

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HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL

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ORDER 14-09-2021

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The petition has been called out, no one appears for the petitioners. The averments made in the writ petition reveals that the petitioners claim that they are in possession of the land falling under Khasra No. 3094 area (2 Kanal 2 Marlas) and Khasra No. 3095 area (5 Kanals) situated at village Gulgam Tehsil and District, Kupwara.

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It is alleged that the respondents are trying to acquire the said land in violation of Section 4, 6 and 17-A of the J&K Land Acquisition Act, for the purposes of construction of a water reservoir.

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The petitioner, therefore, has made a prayer that directions be issued quashing the entire action of the respondents and not to acquire their land forcibly and at the same time to pay compensation to the petitioners as per the market value.

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Mr. Irfan Andleeb, learned Dy. AG appearing for the respondents submits that the respondents do not intend to acquire any land in the present. The said land had been acquired 50 years

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back and a water reservoir was constructed at that time. The petitioner without giving any details of the acquisition and concealing the fact of construction of the water reservoir has filed this writ petition as if the land is being acquired now, which is not correct.

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Perusal of the writ petition reveals that the petitioners have not mentioned any date on which the land was sought to be acquired or was being forcibly taken over for the construction of the water reservoir.

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In view of the aforesaid facts and circumstances, the writ petition has been filed in a very casual and cavalier manner without disclosing the complete facts. Even the prayer made in the writ petition is completely vague as it is for quashing of the entire action of the respondents without specifying the exact action or any orders.

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In view of the above, we do not deem it proper to exercise our discretion in the matter and the writ petition is accordingly dismissed.

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(VINOD CHATTERJI KOUL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

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Srinagar 14.09.2021 Sakeena

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SAKEENA MOLVI I attest to the accuracy and authenticity of this document 15.09.2021 00:37

Lal Din Khan and Ors. v. State of J and K and Ors. Revenue

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Lal Din Khan and Ors. v. State of J and K and Ors. Revenue

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