IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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/-

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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.  

The appellant 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.

Undisputedly,  the  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.   

Accordingly,  the  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.

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I.A. No.2 of 2003

Since  no  one  has  appeared  for  the  applicant,  the  application  for

impleadment is dismissed in default.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, March 18, 2009.