Back
HIGH COURT OF JAMMU AND KASHMIR
HEERU RAM AND OTHERS – Appellant
Versus
U T OF J AND K TH COMMISSIONER SECRETARY PWD R AND B DEPTT AND OTHERS – Respondent
ORDER :
01. Petitioners through the medium of these petitions filed under Article 226 of the constitution of India seek the following reliefs:-
WP(C) No. 1254/2022
a. Writ of mandamus, commanding the respondents to initiate fresh proceedings and valuate and assess the compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 of respective land owned and possessed by the petitioners, which has been acquired for the purposes of construction of road from Pernote-Thalwah Link Road at Village Pernote, Tehsil and District, Ramban and pass the final award without further delay;
b. A further writ of mandamus, commanding the respondents to pay the compensation for acquisition of land of the petitioners within specific timeframe;
c. Such other additional or alternate relief, which this Court may in the facts and circumstances of the case, deem fit and proper, be also awarded in favour of the petitioners.”
WP(C) No. 1254/2022
a. Writ of mandamus, commanding the respondents to initiate fresh proceedings and valuate and assess the compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitatio
The court ruled that once acquisition proceedings are initiated, petitions seeking mandamus for compensation assessment are rendered moot.
Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed, allowing the authority to consider referral and potential delays for justifiable reasons.
The competent authority must examine land acquisition compensation claims and ensure timely decisions are made.
Acceptance of compensation in land acquisition precludes further claims unless the award is legally challenged.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
