The main legal point established in the judgment is the validity of land acquisition proceedings under the State Land Acquisition Act, Samvat, 1990, based on the timeliness of passing awards and the invocation of Section 17 of the Act.

1. In this bunch of writ petitions, the petitioners have assailed the validity of the proceedings initiated under the provisions of the State Land Acquisition Act, Samvat, 1990 (hereinafter referred to as the Act). Since common questions of law and facts arise for consideration in this bunch of writ petitions, they were heard analogously and are being decided by this common order. In order to appreciate the petitioners' grievance, few facts need mention, which are stated infra.

2. The petitioner No. 1 in OWP No. 477/2010 are the persons, who are aggrieved by the action of the respondents in seeking to acquire their lands, whereas petitioner Nos. 2 to 13 are the owners of the lands situated in different villages. The petitioners in three remaining petitions are also the aggrieved persons, whose lands are being acquired for the construction of four lanes on NH 1-A from the village, Dhalwas to village Thethar in District Ramban. The petitioners seek quashment of proceedings under the Act on the ground that same has lapsed as awards have not been passed within a period of two years from date of notification under section 6(1) of the Act. The petitioners also seek a direction not to dispossess the petitioners from their properties and to make payment of compensation to them in accordance with law.

3. Learned counsel for the petitioners submitted that the except two villages, namely, Neera and Krawah, awards have not been passed in respect of remaining 10 villages within a period of two years from the date of issuance of the notification under section 4(1) of the Act, therefore, proceedings under the Act have lapsed under Section 11-B of the Act. Attention of this Court has been invited to paragraph 16 of the objections filed on behalf of the respondents 1 to 5 as well as paragraph 8 of the counter affidavit filed by the respondent No. 6 and it has been pointed out that the respondents themselves have admitted that the possession of the land belonging to the petitioners have not been taken over by the intending department i.e. NH-AQ. Therefore, proceedings initiated under the Act are liable to be quashed. It is argued that the respondents may initiate the proceedings under the Act afresh and re-assess the compensation payable to the petitioners.

4. It is contended that the depriving the petitioners from their immovable property amounts to violation of Article 21 of the Constitution of India and even if some of the petitioners may have been paid 80% of the amount of compensation, the same does not attach any sanctity to the proceedings under the Act. It is also submitted that the action of the respondents in invoking the provisions of the Section 17 of the Act in the fact situation of the case is arbitrary as the respondents till today have failed to take possession of the lands of the petitioners. Therefore, by virtue of the mandate contained in Section 11-B of the Act, the proceedings under the Act have lapsed. In support of the aforesaid submissions, learned counsel for the petitioners has placed reliance on the decisions of the Supreme Court in the case of Bhimandas Ambwani (D) Thr. Lrs. Vs. Delhi Power Company ltd. 2013 (14) SCC 195, in the case of M/s Soorajmull Nagamull v. State of Bihar and ors, 2015 (6) Supreme 258, in the case of Uddar Gagan Properies ltd. Vs. Sant Singh and ors. 2016 (4) Supreme 73, in the case of Delhi Development Authority vs. Reena Suri and ors. 2016 (3) Suprme 295, in the case of Greater Noida Development Authority vs. Devendra Kumar and ors. 2011 (12) SCC 375 and in the case of Singareni Collieries Co. ltd. vs. Vemuganti Ramakrishan Rao and other, 2013 (8) SCC 789.

5. On the other hand, learned Advocate General for the respondents 1 to 5 submitted that in the proceedings under the Act, provisions of section 17 of the Act have been invoked and there are no pleadings in the writ petition tha