J & K HOUSING BOARD & ANR. versus KUNWAR SANJAY KRISHAN KAUL & ORS.

Citation: [2011] 14 S.C.R. 976 · Decided: 04-11-2011 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2011] 14 (ADDL.) S.C.R. 976 
J & K HOUSING BOARD & ANR. 
v. 
KUNWAR SANJAY KRISHAN KAUL & ORS. 
(Civil Appeal Nos.9353-54 of 2011) 
NOVEMBER 4, 2011 
[P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] 
Jammu and Kashmir Land Acquisition Act, 1990: 
c 
s.4(1)(a), (b), (c) - Compliance of - Held: Procedure 
provided in sub-Sections (a), (b) and (c) are mandatory and 
are to be strictly complied with. 
ss.4(1), 5-A - Acquisition notification for development of 
housing colony - Challenged by respondents-land owners by 
D filing writ petition before High Court - High Court allowed the 
writ petition with liberty to respondents to file objections within 
15 days -
On appeal, held: The conditions prescribed in 
s.4(1)(c) was not complied with - Notification was published 
in.two daily newspapers but one of them was not a newspaper· 
E published in regional language which is the requirement of 
s.4(1 )(c) - A corrigendum issued for enlarging the area of 
acquisition was also not published in any newspaper - The 
procedures provided in s.4(1)(a)(b) and (c) are to be strictly 
complied with - Merely because the land owners failed to 
F 
submit their objections within 15 days after the publication of 
notification uls.4(1), the authorities cannot claim that it need 
not be strictly resorted to - The object of publication in terms 
of s.4(1 )(c) is to intimate the people who are likely to be 
affected by the notification - It is not in dispute that when the 
G officers attempted to serve the notice by affixation or to 
persons in charge of the land, they were informed about the 
absence of the land owners due to disturbance in the area in 
question.- lnspite of such information, the authorities did not 
send proper notice to the respondents or comply with the 
H 
976 
J & K HOUSING BOARD & ANR. v. KUNWAR 
977 
SANJAY KRISHAN KAUL 
provisions, particularly, s.4(1)(c) - In view of that order of High A 
Court quashing the acquisition proceedings from the stage of 
s. SA of the Act is upheld - Land Acquisition. 
Interpretation of statutes: Held: When any statutory 
provision provides a particular manner for doing a particular 8 
act, the said thing or act must be done in accordance with the 
manner prescribed therefor in the Act - Jammu and Kashmir 
Land Acquisition Act, 1990. 
A la11d acquisition proceedings were initiated to 
acquire 181 kanals 19 marlas for public purpose for C 
development of Housing Colony at Village Ferozpur. The 
Notification under Section 4 of the Jammu and Kashmir 
Land Acquisition Act, 1990 was published in newspapers. 
A notice under Sections 5 and 5-A was also issued to all 
land owners for hearing objections. On the day fixed for C 
hearing objections none of the land owners came to the 
spot. A notification under Section 6 was issued to the 
effect that land was required for public purpose. An award 
. was passed and a notification under Section 17-A was 
published in two newspaper mentioning names of the E 
respondents. The respondents challenged the acquisition 
proceedings by filing a writ petition before the High Court. 
The High Court allowed the writ petition with liberty to the 
respondents to file their objections afresh within 15 days. 
The instant appeals were filed challenging the order of the F 
High Court. 
Dismissing the appeals, the Court 
HELD: 1. As per Section 4 of the Jammu and Kashmir 
Land Acquisition Act, 1990, whenever land in any locality G 
is needed for any public purpose, the Collector has to 
notify it in the manner provided in sub-sections (a), (b) 
and (c) of the said Section. There is no dispute that the . 
. public purpose mentioned in the notification issued 
under Section 4(1) of the Act refers to "development of H 
978 
SUPREME COURT REPORTS (2011] 14 (ADDL.) S.C.R. 
A 
housing colony" by the Board at Village Ferozpur, Tehsil 
Tangmarg, District Baramulla. Undoubtedly, the said 
purpose is a public purpose in terms of Section 2(g) of 
the State Act. The opening part of Section 4 i.e. 
"whenever land in any locality is needed or is likely to be 
8 
needed for any public purpose the Collector shall notify 
it" makes it clear that the procedure provided in sub-
sections (a), (b) and (c) are mandatory and the same has 
to be strictly complied with. As far as affixing of notice in 
the locality and information through beat of drum as well 
C as through local Panchayats and Patwaries are 
concerned provided in sub-section (a), that have been 
complied with. The notification 

Excerpt shown. Read the full judgment & AI analysis in Lexace.