The determination of land occupation and compensation is within the jurisdiction of the civil court.

JUDGMENT :

1) The petitioners have sought a direction upon the respondents for payment of compensation in respect of 07 marlas of land comprised in Khasra Nos.557 and 558 situated at Qasba Bagat, Anantnag, which has been utilised by the respondents for construction of Chee-Anantnag road. An alternative prayer has been made by the petitioners that in case compensation is not paid to him, the respondents be directed to surrender possession of the aforesaid land in their favour. Besides this, the petitioners have also sought a direction upon the respondents to pay mesne profits for illegally occupying the aforesaid land for more than 37 years.

2) The facts emanating from the pleadings of the parties reveal that land acquisition proceedings in respect of land measuring 08 kanals 10 marlas in four villages i.e., Sarnal, Anchidora, Qasba Baghat and Khanabal, for construction of Qazibagh-Chee road, were initiated. The petitioners claim to be the owners of land measuring 16 marlas out of the aforesaid land which is comprised in Khasra Nos.557-min, 558-min, 1014/829/570 and 1014/829/570-min situated at Qasba Bhaghat, Anantnag. Notification under Section 4 of the Jammu and Kashmir Land Acquisition Act (hereinafter referred to as “the Act”) was issued on 04.12.1980, whereafter declaration under Sections 6 and 7 of the Act was issued on 18..03.1981. Notifications under Section 9 and 9-A of the Act were issued on 20.08.1981. During acquisition proceedings, R&B Department changed alignment of the road and, as such, a corrigendum was issued to all the aforesaid notifications. The acquisition proceedings were not taken to its logical conclusion for a long time and ultimately award came to be published by the Collector Land Acquisition, PWD, Anantnag, on 26.09.2001. On 04.12.2001, a communication came to be issued by Deputy Commissioner, Anantnag, to the Collector Land Acquisition, by virtue of which the Collector was asked to withdraw award dated 26.09.2001 in respect of the land in question keeping in view the provisions of Section 11-B of the Act.

3) The aforesaid communication dated 04.12.2001 was challenged by the petitioners by way of writ petition bearing OWP No.63/2003. The said writ petition was dismissed by this Court in terms of order dated 10.07.2007. While doing so, this Court held that the award in the present case has been made beyond the period as fixed by Section 11-B of the Act and, therefore, the entire proceedings for acquisition of the land lapsed, as such, the Collector was not competent to make any award under any provision of the Act.

4) The petitioners challenged the aforesaid judgment of the Writ Court by way of LPA No.169/2007 but without any success. The Division Bench vide its judgment dated 18th May, 2017, while dismissing the appeal of the petitioners and upholding judgment of the Writ Court, left it open to the petitioners to take the plea as regards their claim for compensation in respect of the land which has been occupied by the respondents or in the alternative to take back the possession of the said land, before an appropriate forum. It is in these circumstances the petitioners have filed the instant writ petition seeking a direction upon the respondents to pay compensation for the land which according to them has come under the road constructed by the respondents or in the alternative to retrieve the said land.

5) According to the petitioners they are owners of land measuring 02 kanals 10 marlas under Survey Nos.557 (1 kanal), 558 (19 marlas) and 669 (11 marlas of Shamilat land). It has been submitted that for construction of Anantnag-Chee link road, land of the inhabitants of the area including the land of the petitioners was acquired by the Government way back in the year 1978-80. It has been submitted that 07 marlas of land belonging to the petitioners, 02 marlas from Survey No.557 and 05 marlas from Survey No.558, has been occupied by the respondents for construction of the road and even an award was passed