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SANJEEV KUMAR, WASIM SADIQ NARGAL
Mushtaq Ahmad Paul – Appellant
Versus
UT of J&K – Respondent
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
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,....
The provisions of Section 11-B of the 1990 Act shall not be applicable to the cases where the Government has invoked Section 17 and the Collector has scrupulously complied with the requirements of Se....
Compliance with Section 17(3-A) of the Land Acquisition Act, 1894 is mandatory for absolute vesting of the notified land, and the requirement to pass the award within the time frame contemplated unde....
Final award beyond two-year limit from Section 6 declaration under J&K Land Acquisition Act lapses proceedings; court moulds relief by quashing award qua petitioners only and directing fresh award us....
The main legal point established in the judgment is that the acquisition proceedings lapsed as no award was made within 2 years of the declaration under Section 6 of the 1894 Act, and the State was d....
The revised award passed after the expiry of two years from the date of Declaration was deemed to be a fresh award, and the acquisition proceedings stood lapsed under Section 11-A of Act, 1894. The c....
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....
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
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