Failure to issue a final award within two years results in the lapse of land acquisition proceedings under the J&K Land Acquisition Act.

ORDER

ORAL

1. The petitioners, through the medium of present petition, have challenged notification No. SDM/TD/578-582/15 dated 18.06.2015 under Section 4(1) of J&K Land Acquisition Act (hereinafter to be referred as the ‘State Act’) issued by respondent No. 4 in respect of land measuring 6 Kanal 6 Marlas comprised in Khasra No. 1216-44 and 1028/44 situated at Village Thuroo, Tehsil Thuroo, District Reasi. Challenge has also been thrown to notification No. 82-Rev(LAJ) of 2017 dated 23.02.2017 issued by respondent No. 1 under Section 6 of the State Land Acquisition Act in respect of the aforesaid land. Further the petitioners have sought a direction upon the respondents to initiate fresh acquisition proceedings in respect of the land in question in terms of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act , 2013 (hereinafter to be referred as Act of 2013) and to pay compensation to them.

2. According to the petitioners they are owners of the aforesaid land and in the year 2008 a Degree College was sanctioned at Dharmari which is about 50 Km away from Reasi. 167 Kanals of land was acquired by the Government for construction of the College and the process of construction was started in the year 2015. It has been submitted that there was no connecting road to the construction site, as a result of which, land of the petitioners was proposed to be acquired by the respondents. Impugned notification dated 18.06.2015 under Section 4(1) of the State Land Acquisition Act came to be issued by the Collector, whereafter impugned declaration under Section 6 of the State Act came to be issued by the Government. It has been submitted that pursuant to issuance of notice of declaration under Section 6 of the State Land Acquisition Act, no action was taken by the respondents to conclude the acquisition proceedings and the final award was not passed by the Collector within the stipulated period of two years of issuance of declaration under Section 6 of the State Land Acquisition Act. On these grounds, it is being contended that the land acquisition proceedings have lapsed and the respondents have to initiate fresh acquisition proceedings in terms of Act of 2013.

3. Respondent No. 4-Collector has filed his reply to the writ petition, wherein he has admitted that the land of the petitioners has been utilized for construction of road. However, it has been submitted that after issuance of declaration under Section 6 and 7 of the State Land Acquisition Act, notice under Section 9 and 9-A of the State Land Acquisition Act came to be issued vide No. SDM/208-14/17 dated 12.05.2017, whereby land owners and interested persons as well as indenting department were invited for filing objections with regard to measurement of land, title of the property and quantum of compensation proposed. It has been further submitted that vide No. SDM/312/17 dated 08.08.2017 draft award was issued by the Collector. Respondent No. 4 has admitted that the final award could not be issued due to non-availability of the requisite funds. Thus, disbursement of compensation in favour of the land owners could not take place. Respondent No. 4 has further contended that in view of ratio laid down by Supreme Court in case titled as Bharat Petroleum Corporation Ltd (BPCL) and others vs. Nisar Ahmed Ganai and others ( Civil Appeal Nos. 6781-6783 of 2022 ), acquisition proceedings would not lapse and that the respondents can take forward the acquisition proceedings in respect of the land in question under the State Land Acquisition Act.

4. I have heard learned counsel for the parties and perused record of the case.

5. So far as the factual aspects of the matter are concerned, the same are not in dispute. Notification under Section 4 (1) of the State Land Acquisition Act in respect of the land belonging to the petitioner came to be issued on 18.06.2015 and the declaration under Section 6 and 7 of the State Land Acquisition Act came to be issued by