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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI
Ghulam Rasool Wani S/o Gh. Ahmed Wani – Appellant
Versus
Union territory of J&K, Through, Commissioner/Secretary Revenue, Government of Jammu and Kashmir – Respondent
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
Acceptance of compensation in land acquisition precludes further claims unless the award is legally challenged.
The court ruled that once acquisition proceedings are initiated, petitions seeking mandamus for compensation assessment are rendered moot.
Acceptance of negotiated compensation in land acquisition proceedings bars subsequent claims for recalculation based on different criteria.
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....
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
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