Back
2021 Supreme(J&K) 593
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
PANKAJ MITHAL, SANJAY DHAR, JJ.
Nazir Ahmad Shah - Petitioner
Versus
Union Territory of J&K & Ors. - Respondents
WP(C) No. 1706 of 2020
Decided On : 03-07-2021
For the Petitioner: Jahangir Iqbal Ganai; Murfad Naseem.
For the Respondent: D.C. Raina; Sajad Ashraf; Tahir Majid Shamsi; Manzoor Ahmad Dar.
The petitioner's rights in the land were extinguished upon willingly transferring it to the government, and any grievance regarding the land's use should be addressed through appropriate legal remedies.
Headnote:
Land Acquisition - Gurudwara Damdama Sahib - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 80
Fact of the Case:
The dispute revolves around the acquisition of 7 marlas of land for public purpose, which the petitioner alleges is being transferred to Gurudwara Damdama Sahib instead of being utilized for the intended public purpose.
Finding of the Court:
The court found that the initial notification proposing the land acquisition lost its efficacy when a fresh notification was issued. The court also noted that the land had not been finally acquired, and the petitioner had willingly transferred the land to the government. The court held that the petitioner's grievance was misplaced and dismissed the writ petition.
Issues: Validity of land acquisition process, transfer of land to Gurudwara Damdama Sahib, petitioner's rights after transferring the land to the government.
Ratio Decidendi: The court emphasized that since the land had not been finally acquired and the petitioner had transferred it to the government, the petitioner lost all rights in the land. The court also stated that if the petitioner believed fraud had been committed, the appropriate remedy was a civil suit to set aside the sale deed.
Final Decision: The court dismissed the writ petition OWP No. 1629/2016 as infructuous and held the writ petition OWP No. 1706/2020 to be devoid of merit, dismissing it with no order as to costs.
JUDGMENT :
Pankaj Mithal, J.
(Through Virtual Mode)
1. Heard Mr. D. C. Raina, learned AG assisted by Mr. Sajad Ashraf, learned GA. for respondent Nos. 1 to 6 & 8, Mr. Tahir Majid Shamsi, learned ASGI for respondent No. 7 & Mr. Manzoor Ahmad Dar, learned counsel for respondent No. 9.
2. The dispute in the present writ petition is regarding acquisition of 7 marlas of land falling under Survey No. 2013/415 min jumla at estate Zainakote Shalteng, Srinagar. The petitioner in filing the writ petition WP (C) No. 1706/2020 has prayed for the following relief:-
(i) Issue an appropriate writ, order or direction in the nature of Mandamus, the decision of respondent No. 4 to release 50% of compensation determined for acquisition of land measuring 07 Marlas falling under Survey No. 2013/415 Min at estate Zainakote Shalteng, District Srinagar, in favour of respondent No. 9 be quashed.
(ii) Issue an appropriate writ, order or direction in the nature of Mandamus, the respondent No. 4 be directed to release balance amount of compensation determined for acquisition of land measuring 07 marlas falling under Survey No. 2013/415 Min at estate Zainakote, Shalteng District Srinagar along-with interest as per the mandate of Section 80 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(iii) Issue an appropriate writ, order or direction in the nature of Mandamus, the respondents be restrained from transferring and mutating land measuring 07 marlas falling under Survey No. 2013/415 Min at estate Zainakote, Shalteng, District Srinagar acquired for public purpose, to that of Gurudwara Damdama Sahib.
Or in the alternative
(iv) Issue an appropriate writ, order or direction in the nature of mandamus, the entire process of acquisition which has a result of transferring and mutating land measuring 07 marlas under Survey No. 2013/415 min at estate Zainakote Shalteng, Srinagar to that of Gurudwara Damdama Sahib be declared as illegal and ultra-vires to the constitution of India and thereto the respondents be directed to return 7 marlas of land falling under Survey No. 2013/415 Min at estate Zainakote Shalteng Srinagar to the petitioner."
3. Learned counsel for the petitioner very fairly in the beginning itself submitted that he does not intend to press prayer No. 1 and 2 and that he is confining his arguments only in respect of prayer No. 3 or the alternative prayer No. 4. In other words, the petitioner through the medium of this writ petition only wants that the respondents be restrained from transferring the land in question in favour of the Gurudwara Damdama Sahib or mutating its name and that the entire process of acquisition be declared as illegal and ultra vires.
4. The petitioner alleges that the aforesaid land was proposed to be acquired initially vide notification No. 7 of 2015 as the land was required for rehabilitation of Gurudwara Sang Sahib as probably some of its land was utilized in the construction of the road. The said notification issued under Section 4 of the Land Acquisition Act was challenged by the petitioner by filing OWP No. 1629/2016 wherein by an interim order, the parties were directed to maintain status quo over the land in question.
5. Pending the aforesaid writ petition, the respondents issued another notification No. 6 of 2019 under Section 11 (1) of the Right to Fair Compensation and Transparency for Rehabilitation and Re-settlement Act 2013 which is equivalent to the notification as used to be issued under Section 4 (1) of the Land Acquisition Act, proposing to acquire the said land for public purpose. Subsequent to the aforesaid notification on the basis of negotiation and the decision taken by the High-Level Committee, the petitioner handed over the possession of the aforesaid land to the respondents and executed a Sale Deed dated 28th January 2020 transferring the said land in favour of Union Territory of J&K for a total sale consideration of Rs.14,08,750/- (Fourteen lacs, eigh
