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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Ghulam Hussain – Appellant
Versus
Union Territory of J&K – Respondent
ORDER :
1. The petitioner has filed the present petition for quashing the award dated 25.04.2022 passed by the Collector Land Acquisition-respondent No. 2 herein by virtue of which the land, trees and the residential houses constructed thereon have been acquired but without the payment of the compensation according to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act of 2013”) and further directions have also been sought to the respondents to pass the award under the provisions of the Act of 2013.
2. It is stated that the notice under section 4(1) of the Land Acquisition Act that was issued on 11.08.2020 and the final award was issued on 25.04.2022. It is contended that the respondents were under obligation to initiate the proceedings afresh under the Land Acquisition Act, 2013 and further that the proceedings under the Land Acquisition Act, 1990 stand lapsed in view of section 11–B of the Land Acquisition Act.
3. The respondents have filed the response stating therein that 100 kanals and 5 sarsai of land situated at Village Buffliaz Tehsil Surankote, District Poonch was required for public purpose, for w
The court affirmed that land acquisition proceedings were valid and not lapsed under section 11-B, directing compensation payment as per the award.
The main legal point established in the judgment is that the acquisition proceedings had lapsed in view of the proviso appended to Section 11-B of the Act, and the respondents were directed to initia....
The acquisition proceedings under the Land Acquisition Act, 1894 lapsed as the award was not passed within the one-year period mandated by the Right to Fair Compensation Act, 2013.
Failure to issue a final award within two years results in the lapse of land acquisition proceedings under the J&K Land Acquisition Act.
Lapse of land acquisition proceeding is automatic if final award has not been issued by Collectorwithin a period of two years from date of publication of declaration.
The mandatory nature of Section 11-B of the Jammu and Kashmir Land Acquisition Act, 1990, and the consequences of failing to make the award within the prescribed time period.
Land acquisition does not lapse under Section 24(2) if possession has been taken and compensation remains unpaid, emphasizing the need for clear ownership to claim relief.
The central legal point established in the judgment is that the lapse of land acquisition is contingent upon the non-possession of land and non-payment or non-deposit of compensation, as clarified by....
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