The Jammu and Kashmir High Court has ruled that failing to publish land acquisition notices in the regional language at prominent locations violates the law. The court emphasized that such a lapse renders the entire land acquisition process invalid as it deprives affected landowners of their right to be informed and raise objections.

Case Overview

The petitioner contested the government's land acquisition process, arguing that they had no knowledge of it. The reason? The government had failed to issue proper notifications, violating several mandatory provisions of the law.

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Justice Sanjay Dhar, presiding over the case, noted:

"The petitioner's argument is strengthened by the records, which indicate that no objections were filed by the affected landowners. The law mandates that all relevant information regarding land acquisition must be published through multiple channels."

The court further highlighted that the authorities had neither published the notice in the local language nor issued the required declaration under Section 6 of the Act in the official gazette. This procedural lapse restricted the affected landowners' ability to file objections, violating their rights.

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The judgment revealed that the government presumed the land belonged to the Dharmarth Trust Council, which had given its consent for the acquisition. However, the court observed that the government had failed to follow the correct legal procedure for public notice dissemination.

It was noted that:

"The only mode of publication was an English-language newspaper notice, which failed to inform the local population who would be most affected by the acquisition."

By not publishing the notice in the regional language and at conspicuous places, the authorities had effectively kept the affected parties in the dark about the land acquisition process.

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Background of the Case

The case arose when the petitioners challenged the final award issued by the Collector, Land Acquisition. The government had acquired 134 kanals and 11 marlas of land for the construction of an amusement park.

The petitioners argued that:

• They were not given due notice of the acquisition.
• They were denied the opportunity to file objections.
• The authorities did not comply with mandatory legal provisions under Sections 4(1), 5, 5-A, 6, 9, and 9-A of the State Land Acquisition Act.

In response, Respondent No. 5 (the Collector) stated that the land in question belonged to the J&K Dharmarth Trust Council, which had asserted ownership and requested that compensation not be released to any other party.

APPEARANCE:

S.M Chowdhary, Advocate. FOR Petitioners

Sagira Jaffar, assisting counsel Monika Kohli, Sr.AAG , Advocate. FOR Respondents

Case-Title:- Rattan Chand & Ors vs UT OF J&K & ORS, 2025