The main legal point established in the judgment is the application of the doctrine of acquiescence in the context of land acquisition proceedings under the J&K Land Acquisition Act, Svt. 1990, emphasizing the importance of timely action and the consequences of acquiescence in such matters.

JUDGMENT

Rahul Bharti, J. - Heard learned counsel for the parties, and perused the material on record.

2. The facts of the present case invites on all fours the doctrine of acquiescence that when a party having a right stands by and sees another dealing in a manner inconsistent with that right while the act is in progress and after violation is completed then that conduct reflects his assent or accord which cannot allow him afterwards to complain. In this case, the petitioner being fully conscious of land acquisition award dated 15.01.2014 qua his land specific comes forward with the present writ petition filed on 05.02.2014 opting to challenge only section 4 original notification dated 30th March, 2010 bearing with the presence of the final award but still opts not to amend his writ petition all along is bound to suffer the application of acquiescence against him.

3. If the petitioner's plea for grant of the reliefs sought in the present writ petition is to be accepted, then the same would be at the cost of putting the clock back to the year 2005 and by undoing the entire process for acquisition of the land for four laning of the National Highway IA from Banihal to Srinagar which came to be put into exercise and even the four laning has come to be carried out at the time when this matter got heard by this Court for final adjudication. Thus, this Court may not be in a position to serve the said wish of the petitioner, particularly, when the petitioner himself has been privy by design and default to the course of events relating to acquisition of his 1.9 Kanals of land falling in Khasra No. 752 min village Chursoo, Tehsil Awantipora, district Pulwama, and has acquiesced, both by commission and omission, with the course of events without ever bothering to question the same at the appropriate point of time, even if the same were seeming to the be so offending to his rights qua the property in reference.

4. The facts in essential are that on 14th June, 2005, the respondent No. 6-Director National Highway Authority of India (NHAI) Project Implementation Unit Jammu, had come to place an Indent No. PD/JMU/15011-16011/1715 to the respondent No. 4-Collector Land Acquisition, National Highway Authority of India four-laning (Additional Deputy Commissioner, Pulwama) for acquisition of the land for the stretch of National Highway proposed to be widened from Kilometer 256-280 on Banihal Srinagar Road route and in this route village Chursoo, Tehsil Awantipora, District Pulwama also fell.

5. Pursuant to the above said indent, a notification No. DCP/LA/A-05/1094/06 dated 19.01.2006 under Section 4 of the J&K Land Acquisition Act, Svt. 1990, was issued by the respondent No. 4-Collector Land Acquisition National Highway Authority of India four-laning (Additional Deputy Commissioner, Pulwama). The proposed area of land required for acquisition was 272.19 Kanals.

6. On account of the realignment of the route, the respondent No. 2-Divisional Commissioner, Kashmir, Srinagar, had come to issue fresh directions for fresh acquisition proceedings and consequently a notification No. 05 of 2007 dated 27.06.2007 with respect to 272.19 Kanals of land acquisition had come to be issued followed by notification No. 149/FC of 2007 dated 09.08.2007 under Section 6 and 7 of the J&K Land Acquisition Act, Svt. 1990, by the Financial Commissioner Revenue, J&K, Jammu, and a notification no. 18 of 2007 dated 29.08.2007 under Section 9 and 9-A by the respondent no. 4-Collector Land Acquisition National Highway Authority of India four-laning (Additional Deputy Commissioner, Pulwama). Considering the urgency attending the acquisition, the respondent No. 1-the Government of the then State of J&K vide its notification No. 150 RD of 2007 dated 13.09.2007, had even exercised its powers under Section 17 of the J&K Land Acquisition Act, Svt. 1990, for the lands falling under intended acquisition. The aforesaid exercise had resulted in preparation of a draft award No. DCP/LAS-NHW/C-1