The court ruled that once acquisition proceedings are initiated, petitions seeking mandamus for compensation assessment are rendered moot.

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, 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 respondent Nos. 1 to 6 to deposit the compensation amount with the respondent No. 10 promptly so as to enable respondent Nos. 8 to 10 to publish the declaration;

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.”

02. Learned counsel for the petitioners while making submissions, has drawn the attention of this Court towards the Communication No. CEJ/LA/216-18 dated 18.10.2022 addressed by the Chief Engineer, PW(R&B) Department, Jammu to the Deputy Commissioner, Ramban, with regard to an indent for acquisition of land under the Right to Fair Compensation Transparency and Land Acquisition, (Rehabilitation and Resettlement Act), 2013 with regard to land falling under the proposed construction of road from Pernote to Thalwa NABARD RIDF-XXIII, to be executed by the PWD(R&B) Division, Ramban.

03. Learned counsel for the Collector submits that the Collector Land Acquisition (Assistant Commissioner, Revenue), Ramban (in short, “Collector”) has received the indent and further proceedings have been initiated thereon.

04. In view of the Communication of the indenting department through respondent No. 2-Chief Engineer Public Works (R&B), Jammu vide his No. CEJ/LA/216- 18 dated 18.10.2022 requesting the District Collector to initiate the acquisition proceedings for the land, falling under Pernote-Thalwa Road, to be executed under NABARD by the Public Works Department and the submission by the counsel for the Collector (ACR), Ramban that acquisition proceedings have already been initiated, nothing survives to be adjudicated in both these petitions.

05. In view of the statement made by the learned counsel for the Collector, these petitions are disposed of with a direction to the respondent-Collectorate to proceed in the matter in accordance with law, expeditiously, having regard to the timeline provided under the statute.

06. Both the writ petitions are, accordingly, disposed of, alongwith connected applications. Copies of this order be placed across the files of both the cases.:08 I attest to the accuracy and integrity of this document