Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enactment.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 06.10.2021 passed by the High Court of Jammu & Kashmir and Ladakh, at Jammu in respective writ petitions preferred by the private respondents herein – original petitioners whereby the appellants herein – original respondents have been directed to determine the compensation of the acquired lands in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act, 2013”), the appellants herein – original respondents have preferred present appeals.

2. The facts leading to the present appeals in a nutshell are as under :

2.1 That, the lands in question were sought to be acquired under the provisions of the State Land Acquisition Act, 1990 (hereinafter referred to as “State Act of 1990”). The notification under Section 4 of the State Act of 1990 was issued on 15.11.2016. The lands in question were sought to be acquired for the appellants – beneficiary. That thereafter declaration under Section 6 of the State Act of 1990 was issued on 12.11.2018. The land owners – original petitioners filed the respective petitions before the High Court challenging the proceedings initiated under the J&K Land Acquisition Act SVT 1990 with the following prayers:

A. CERTIORARI; so as to quash the proceedings initiated by respondents u/s 4,6,9 & 9A and Section 17 of J & K Land Acquisition Act, SVT 1990 for the acquisition of land for relocation of petroleum Depots from Channi Himmat near Railway Station to Villages Pargalta and Khana Chargal, Tehsil and District Jammu.

B. MANDAMUS ; so as to command and direct the respondents to denotify the land sought to be acquired in villages Pargalta and Kanna Chargal, Tehsil and District Jammu for relocation of Petroleum Depots.

C. PROHIBITION; so as to restrain the respondents from taking the possession of land falling under various Khasra numbers of aforesaid villages u/s 17 of J&K Land Acquisition Act.

2.2 That, during the pendency of the writ petitions before the High Court, the State Act of 1990 came to be repealed. When the aforesaid writ petitions came up for hearing before the High Court, the learned Counsel appearing on behalf of the original writ petitioners submitted that the petitioners would be satisfied, if instead of quashing the land acquisition proceeding, determination of compensation is made in accordance with the provisions of Section 24 of the Act, 2013.

2.3 It was the case on behalf of the original writ petitioners before the High Court that as neither the possession of the lands in question have been taken over nor the award has been declared even under the State Act of 1990, the original writ petitioners shall be entitled to compensation of acquired land in accordance with the provisions of Section 24(1) of the Act, 2013.

2.4 The aforesaid prayer was opposed by the appellants on the ground that as the acquisition proceedings have been initiated under the State Act of 1990, Section 24(1) of the Act, 2013 shall not be applicable at all. It was submitted on behalf of the appellants that in view of Section 6 of the General Clauses Act, 1897 read with sub-clause (13) of Clause 2 of the Jammu & Kashmir Reorganization (Removal of Difficulties) Order, 2019 issued vide S.O. No.3912(E) of 2019 dated 30.10.2019 of the Ministry of Home Affairs (Department of J & K Affairs) the repeal of the Act shall not affect the rights, privileges, obligations or liabilities acquired, accrued or incurred under any law so repealed and that any investigation, legal proceeding or remedy may be instituted, continued and enforced as if Jammu & Kashmir Reorganization Act, 2019 has not been passed. Therefore, it was submitted on behalf of the appellants that award in respect of the acquisition in question has to be made in accordance with the provisions of the State Act of 1990 and Section 24 of the Act,