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2022 Supreme(J&K) 742

SANJEEV KUMAR, WASIM SADIQ NARGAL
Mushtaq Ahmad Paul – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shuja-ul-Haq.
For the Respondents: D.C. Raina, Sheikh Mushtaq.

JUDGMENT :

SANJEEV KUMAR, J.

1. The petitioners claim to be residents of village Daharmunah, Budgam and are aggrieved of the communication of the Financial Commissioner, Revenue, bearing no. FC-LS/LA-4577/2017, dated 13.08.2020 whereby the Divisional Commissioner, Kashmir has been conveyed the approval of the competent authority to the adoption of rates of compensation in respect of different villages in District Budgam for construction of Semi Ring Road around Srinagar City. The petitioners also claim Writ of Mandamus to the respondents to initiate fresh land acquisition proceedings in respect of the land measuring 30 Kanals situated in Village Daharmunah, Budgam, strictly as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [“2013 Act”].

2. The case of the petitioners as put up in this writ petition is that the acquisition proceedings initiated in terms of Notification dated 26.08.2017 issued under Section 4 of the J&K Land Acquisition Act, 1990 [“1990 Act”] have lapsed by afflux of time in view of the provisions contained in Section 11(B) of the 1990 Act. The petitioners say and submit that in the year 2017, the respo

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