JUDGMENT :

Pankaj Mithal, J.-The petitioners are residents of village Kanli Bagh, Baramulla. They have invoked the writ jurisdiction of this Court for the quashing of the entire acquisition proceedings in respect of about 150 kanals and 03 marlas of the land which was notified for acquisition for the public purpose of establishing a Housing Colony at Sangri in Baramulla.

2. The petitioners have also prayed that the tentative award dated 17.03.1998 be also quashed and a writ of mandamus be issued to the respondents to initiate fresh proceedings for acquisition of the aforesaid land and to pay compensation as per the prevailing market rate.

3. A further prayer has been made directing the respondents to pay rent @ Rs. 10,000/- per kanal per year for the aforesaid land as the possession of it was taken over pursuant to the notifications to acquire the above land.

4. In the writ petition, as no counter affidavit was filed by any of the respondents, the court in compelling circumstances issued an ad interim mandamus commanding the respondents, specially the Assistant Commissioner (Revenue), Baramulla to frame the final award in accordance with law in respect of the above acquisition within a period of one month or to show cause by filing counter affidavit within the same period.

5. Briefly stated, the petitioners have preferred this writ petition alleging that by a notification dated 03.02.1978, an area of 220 kanals and 18 marlas was notified for acquisition. Subsequently, vide corrigendum dated 20.01.1991/1992, the area was reduced to 150 kanals and 03 marlas. In respect of the said acquisition, a final declaration under Section 6 of the Land Acquisition Act (hereinafter referred to as ‘the Act’) was issued on 27.05.1978. The Collector, Housing and Urban Development Department, Srinagar prepared a draft award on 15.10.1982, in terms of which a tentative award was issued on 17.03.1998 directing for payment of compensation @ Rs. 5,000/- per kanal with 15% Jabrana (solatium). On the aforesaid amount, simple interest @ 4% was directed to be paid from July 1978 to July 1985/1995, probably for the period of possession but till date no final award has been pronounced as is mandatory under Section 11 of the Act for completing the acquisition proceedings.

6. It is important to note that the petitioners have previously filed OWP No. 613 of 2003, villagers of Kanlibagh vs. State and Others, for issuing a writ in the nature of mandamus commanding the State respondents to initiate fresh acquisition proceedings in respect of the aforesaid land and to pay compensation to the petitioners at the prevailing market rate of Rs. 5.00 lakhs to Rs. 6.00 lakhs per kanal along with 15% solatium and 18% interest.

7. In the said writ petition, no response was filed by the State-respondents and the Court had to finally decide the said writ petition without having the version of the State vide its judgment and order dated 09.12.2009 with the direction to the State-respondents to look into the matter in accordance with the mandate of the statute occupying the field and consider the claim of the petitioners in the facts of the case in accordance with the mandate of the statute and to take a decision thereon within a period of two months from the date the copy of the judgment is served on the State-respondents.

8. When no consideration was accorded by the State-respondents to the grievance of the petitioners pursuant to the above directions, the petitioners initiated contempt proceedings.

9. In the said contempt petition No. 195 of 2010, statement of facts was filed on behalf of the respondents, wherein it was admitted that the aforesaid land was notified for acquisition in 1978 and a tentative award was issued on 17.03.1998 @ Rs. 5,000/- per kanal. The award has not been approved by the Divisional Commissioner and, as such, a request has again been made on 09.07.2011 to expedite the approval and as soon as the approval from the Government is received, necessary