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N. KOTISWAR SINGH, M. A. CHOWDHARY
Khurshid Ahmad Nazki, S/o. Mohammad Mubarak Shah alias Nazki – Appellant
Versus
Union Territory of Jammu and Kashmir through Commissioner/ Secretary to Government, Revenue Department, Civil Secretariat – Respondent
JUDGMENT :
N. Kotiswar Singh, J.
1. The present appeal has been filed against the order dated 03.05.2023 passed by the Ld. Single Judge in WP(C) No.175/2023, by which the learned Single Judge declined to interfere with the Award passed under the Land Acquisition Act, Svt. 1990, (hereinafter referred to as the Act of 1990)even though it gave a finding that the notification issued by the authorities under Section 4(1) of the Act of 1990, is not tenable in law and the relevant law that was applicable for the acquisition of proprietary land of the petitioner appellants in the year 2022 was the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) and disposed of the writ petition by enhancing the compensation payable to the petitioner appellants under the award by 20%.
2. The case set up by the appellants is that they are the owners in possession of land measuring 08 kanals and 08 marlas falling under survey no.620/37 (04 kanals 01 marlas) and 1109/37 (04 kanals 17 marlas) at Village Mamath, Budgam, and had constructed a residential house on the said land in the year 2016 by investing huge amounts of more than Rs. 10 cror
The main legal point established in the judgment is that the RFCTLARR Act, 2013 was not applicable in the present case, and the land acquisition proceedings should continue under the J&K Land Acquisi....
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The court established that the failure to comply with the procedural requirements of the J&K Land Acquisition Act, particularly regarding the timely passing of awards and the payment of compensation,....
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.
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
The court established that compliance with publication requirements and government satisfaction is essential for valid land acquisition under the Jammu and Kashmir Land Acquisition Act, Svt. 1990.
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