IMPORTANT POINT
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, can lead to the lapse of acquisition proceedings, even when urgency provisions are invoked.

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 respondent no. 5 initiated process of acquisition of land in their village and, accordingly, issued Notification under Section 4 of the 1990 Act vide its Notification No. DCB/LAS/016/F-330/2535-42, dated 26.08.2017 which was subsequently followed by Notifications under Section 6 and 7 of the 1990 Act. The Notifications were in respect of land measuring 316 Kanals and 23 sqfts. situated in village Daharmunah. It is the grievance of the petitioners that though their land was sought to be acquired in the year 2017 and Notification under Section 6 was issued on 22.12.2017, no further steps were taken to assess the compensation and pass final award within the stipulated period. It is the specific averment made by the petitioners that the respondents neither adopted the mode of private negotiation for adoption of rates nor did they follow the law of acquisition while acquiring the land of the petitioners and others similarly situated with the petitioners for constructing the Semi Ring Road. The petitioners submit that as mandated by the provisions of Section 11(B) of the 1990 Act, a final award is required to be passed within two years from the date, Notification under Section 6 is issued. The respondents, it is contended, have failed to fulfill the mandate of Section 11(B) and as a consequence whereof the acquisition proceedings initiated by the respondents have lapsed by afflux of time.

3. On being put on notice, the respondents have filed their reply affidavits in which the respondents besides taking couple of preliminary objections to the maintainability of the writ petition, have contested the case of the petitioners on merits as well. It is submitted by the respondents that in the year 2016, the Project Director, PIU, Srinagar, National Highway Authority of India (NHIA) vide its communication dated 20.04.2016 placed an indent for acquiring land for construction of Semi Ring Road around Srinagar City. The land was to be acquired in forty five (45) villages of District Budgam including the village of the petitioners. The process of acquisition of land was set in motion by respondent no. 5 vide his Notification dated 26.08.2017 issued under Section 4 of the 1990 Act. This Notification was for acquiring land measuring 316 Kanals and 23 sqfts. The Notification was given due publicity through Directorate of Information and was also circulated through concerned Tehsildars for information of the land owners. The Government vide Notification No. 470-Rev(LAK) of 2017, dated 22.12.2017 issued declaration under Sections 6 and 7 of the 1990 Act which was followed by a Notification issued under Section 9 and 9A of the said Act. The objections were received from the interested persons from time to time and the same were given due consideration the detail whereof is given