Acceptance of compensation in land acquisition precludes further claims unless the award is legally challenged.

JUDGMENT :

1. The petitioners in the instant petition filed under Article 226 of the Constitution of India have prayed for the following reliefs:

i) Writ of mandamus directing the respondent No. 4 i.e., Collector, Land Acquisition/SDM Awantipora to work out the compensation payable to the petitioners for their aforesaid acquired land in terms of the aforesaid provisions of "The Jammu and Kashmir Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" at the prevalent market fixed for the year 2022 under the Stamp Act.

ii. Writ of mandamus directing the respondent no. 4 i.e., Collector Land Acquisition/SDM Awantipora to work outthe solatium and statutory interest as may be payable to the petitioners in terms of “the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

iii. Writ of mandamus directing the respondents to pay the aforesaid compensation, solatium and statutory interest payable to the petitioners as may be worked out by the respondent no.4 i.e., Collector Land Acquisition/SDM Awantipora after the necessary deduction of the payment of compensation already received by them in lieu of their aforesaid acquired land.”

2. The facts giving rise to the filing of the instant petition as stated in the petition are that the petitioner 1 owned and possessed land measuring 4 kanals, 122 square feet under khasra no. 1639, 1 kanal 6 sirsai under khasra no. 1638, and petitioner 2 owned and possessed 2 kanals, 19 marlas 150 sft under khasra no. 1639 situated at Pampore on the main old Srinagar-Jammu Highway.

The said land along with some other land of the adjacent land owners came to be requisitioned for acquisition by respondent 6 herein for public purpose being establishment of “Bulk LPG Tank cum Truck Parking for the LPG Bottling Plant Pampore” and an intent in this regard came to be placed by respondent 6 before respondent 5 herein on 26.07.2017 whereupon a notification under section 4 of J&K Land Acquisition Act, Samvat 1990 (for short “the Act of 1990”) came to be issued on 17.11.2017 followed by private negotiations held on 5.3.2019 between the parties under the chairmanship of respondent 3 herein and Rs.40/- lacs per kanal came to be fixed as rate of land per kanaland consequently apportionment of compensation payable to the petitioners herein and other land owners came to be made, however, the said compensation was not paid to the petitioners for more than 2 ½ years compelling the petitioners to approach respondent 2 herein with a plea that the private negotiations held earlier had lost validity and the then rates fixed for the land are not acceptable to them and that a legal notice as well came to be served upon the respondents by the petitioners inter alia through their counsel on 25.01.2021 in this regard wherein the petitioners claimed compensation for the land in question under “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” (hereinafter referred to as “the Act of 2013”) along with statutory interest, but the respondents finally chose to make the payment of compensation to the petitioners along with other land owners according to the terms of the private negotiations held on 05.03.2019 which amount of compensation came to be received by the petitioners under protest.

3. The petitioners thus while maintaining the instant petition and seeking the aforesaid reliefs have insisted that the fixed for the land in question during private negotiations held on 05.03.2019 have ceased it be operative on account of delayed payment of compensation made to the petitioners on one hand and on the other are contending to be entitled to compensation of the land in question under the Act of 2013 in view of coming into being operational of the said Act.

4. Objections to the petition have been filed by the respondents wherein the petition is being opposed, inter alia, on the groun