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2021 Supreme(J&K) 298

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
VINOD CHATTERJI KOUL, PANKAJ MITHAL, JJ.
Khalid Jehangir Bhat & Ors. - Appellants
Versus
Union Territory of JK & Ors. - Respondents
WP (C) No. 1993 of 2019, 1034, 1410, 1070 of 2020, CCP(S) No. 202 OF 2020
Decided on : 28-10-2021

Advocates:
Advocate Appeared:
For the Appellant : Mr. G. A. Lone, Adv. with Mr. Mian Tufail, Adv.
For the Respondent: Mr. D. C. Raina, AG with Mr Sajad Ashraf, Mr Omais Kawoosa, Adv. (Islamic University)

Point of Law: Land acquisition - No appeal lies under Section 260-A of the Act against an order rejecting the application filed under Section 254(2) of the Act.

Headnote:
Constitution Of india,1950 - Article 226 - J&K Land Acquisition Act Samvat 1990 - Section 11 4 (1) 6 ,(a) (b) & (c) - J&K Re-Organization Act, 2019 - Section 24, (1) 103 – Land acquisition – Award of compensation – Challenged - To restrained respondent from taking over possession of acquired land - For quashing of entire acquisition proceedings including award on ground that no such award under Section 11 of act could have been passed after repeal of Act – Whether aforesaid award under Section 11 of Act is illegal and null and void as same has been passed beyond time and under provisions of repealed Act rather than in accordance with provisions of New Act which have come into play.
Finding of the Court:
Court are of opinion that in first instance, there is no proper and valid publication of notification issued under Section 4 of Land Acquisition Act and, secondly, award is not within time and has been made repealed enactment in clear violation provisions of 24(1) (a) of New Act.- Accordingly, Court declare award to be illegal, without jurisdiction and null and void and that entire acquisition proceedings are invalid in law. - Notifications to acquire land were issued under provisions Act which was repealed and there was no award under Section 11 of Act, therefore, compensation was liable to be determined in accordance with provisions of New Act after became applicable to - No proper and valid publication of the notification issued under Section 4 of the Land Acquisition Act and, secondly, the award dated 20th February 2020 is not within time and has been made under the repealed enactment in clear violation of the provisions of Section 24(1) (a) of the New Act.
Result: Petitions allowed

JUDGMENT :

PANKAJ MITHAL, J

1. All the above four writ petitions relate to the same land acquisition proceedings wherein in substance, the petitioners allege that the land acquisition proceedings stand vitiated on account of several illegalities basically for the reason that the proceedings were initiated under the J&K Land Acquisition Act Samvat 1990 (hereinafter referred to as the ‘Act’), which stood repealed vide J&K Re-organization Act 2019 (hereinafter referred to the ‘Re-Organization Act’) w.e.f. 31st October 2019 and therefore no award could have been passed under Section 11 of the said Act.

2. In the first writ petition WP (C) No. 1993/2019 filed by Ghulam Mohammad and 20 others (later petitioner No.1 being substituted by Khalid Jehangir Bhat & Ors), the petitioners have prayed for the following reliefs:-

(i) Writ, Order or direction in the nature of Certiorari for quashing Notification No. 03 of 2017 dated 02.05.2017, issued by Collector Land Acquisition (ACR) Pulwama under Section 4 (i) of J&K Land Acquisition Act (forming Annexure-I to this writ petition), Notification No. 32 of 2018 dated 17/05/2018 issued by Collector Land Acquisition (ACR) Pulwama (forming Annexure-II to this writ petition) and tentative assessment bearing endorsement No. DCP/LA/2018/402-08 dated 17.07.2018 (forming Annexure-III) including the Notification No. 122-Rev(LAK) of 2018 dated 06.03.2018 under endorsement No. Rev/LAK/07/2018 dated 06.03.2018 directing Collector to take order for acquisition of the land.

(ii) Writ, Order or direction in the nature of Mandamus declaring the proceedings initiated in the case under J&K Land Acquisition Act have lapsed by force of J&K Re-Organization Act, 2019 as no award has been passed till date.

(iii) Writ, Order or direction in the nature of Prohibition restraining the respondents from taking over the possession of the land from the petitioners and protect their fundamental and statutory rights.”

3. In the second writ petition, WP (C) No. 1034/2020 filed by Ali Mohammad Rather, prayer of the petitioner is as under:

(ii) Writ, Order or direction in the nature of Prohibition restraining the respondents from taking over the possession of the land from the petitioners and protect their fundamental and statutory rights.”

4. In the third writ petition WP (C) No. 1410/2020 filed by Raja Banoo and 5 others, the following reliefs have been claimed: -

(i) Issue an appropriate writ, order or direction in the nature of Certiorari, quashing the impugned award dated 20.02.2020 bearing endorsement No. DCP/CA/2020/2803-88 passed by Collector Land Acquisition (ACR) Pulwama being without jurisdiction.

(ii) Issue an appropriate writ, order or direction in the nature of Mandamus, commanding the respondent Collector to pass the award in terms of Section 24 of the New Act, and grant compensation as Rs. 100 lacs per Kanal to the petitioners together with the interest.”

5. In the last writ petition WP (C) No. 1070/2020 again filed by Ghulam Mohammad and 20 others, the petitioners have prayed for the followings reliefs:-

(i) Writ, Order of direction in the nature of Certiorari for quashing the proceedings initiated for acquisition of the land for the respondent-University measuring 38 kanals 09 marlas 6 ½ sirsai falling under 3392/3285/2711 min. 3285/2711, 27

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2021 Supreme(J&K) 298

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGARVINOD CHATTERJI KOUL, PANKAJ MITHAL, JJ.Khalid Jehangir Bhat & Ors. - AppellantsVersusUnion Territory of JK & Ors. - RespondentsWP (C) No. 1993 of 2019, 1034, 1410, 1070 of 2020, CCP(S) No. 202 OF 2020Decided on : 28-10-2021

Point of Law: Land acquisition - No appeal lies under Section 260-A of the Act against an order rejecting the application filed under Section 254(2) of the Act.

Cases Referred (2)

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
VINOD CHATTERJI KOUL, PANKAJ MITHAL, JJ.
Khalid Jehangir Bhat & Ors. - Appellants
Versus
Union Territory of JK & Ors. - Respondents
WP (C) No. 1993 of 2019, 1034, 1410, 1070 of 2020, CCP(S) No. 202 OF 2020
Decided on : 28-10-2021