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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
M A CHOWDHARY
Sansar Chand, S/o Anant Ram – Appellant
Versus
Union Territory of Jammu & Kashmir through Commissioner/Secretary to Govt. Revenue Department – Respondent
| Table of Content |
|---|
| 1. petition challenges land acquisition for procedural violations including delayed award under section 11-b. (Para 1 , 2) |
| 2. respondents assert compliance with acquisition process and full compensation disbursement. (Para 3 , 4 , 5) |
| 3. parties argue solely on award delay violating statutory two-year limit. (Para 6 , 7) |
| 4. court identifies core issue of section 11-b time limit for award. (Para 8 , 9 , 10) |
| 5. section 11-b mandates award within two years from declaration or proceedings lapse. (Para 11 , 12) |
| 6. delayed award renders acquisition proceedings lapsed and nullity. (Para 13 , 14) |
| 7. precedents confirm lapse absent stay or urgency with 80% payment; no exception here. (Para 15 , 16 , 17 , 18) |
| 8. quash award for petitioners only; direct fresh award with statutory benefits. (Para 19 , 20 , 21 , 22) |
JUDGMENT :
M A CHOWDHARY, J.
1. The petitioners, through the medium of this petition, inter alia, have prayed for the following reliefs:
(i) Writ of certiorari:- Quashing the final award bearing No.SDM/G/PWD/1475-81 dated 03.07.2020 passed by the respondent No.3 of the land acquired for the construction of Sangaldan Kanthan road in Village Movalkote under NABARD and quashing the
Final award beyond two-year limit from Section 6 declaration under J&K Land Acquisition Act lapses proceedings; court moulds relief by quashing award qua petitioners only and directing fresh award us....
The provisions of Section 11-B of the 1990 Act shall not be applicable to the cases where the Government has invoked Section 17 and the Collector has scrupulously complied with the requirements of Se....
The court established that the failure to comply with the procedural requirements of the J&K Land Acquisition Act, particularly regarding the timely passing of awards and the payment of compensation,....
The key legal principle established in the judgment is that the award must be made within a period of two years from the date of the publication of the declaration under Section 6 of the Land Acquisi....
Section 25 of LARR Act reads as Period within which an award shall be made –The Collector shall make an award within a period of twelve months from the date of publication of the declaration under se....
Section 11A of Act, Collector has to make an award under Section 11 within a period of two years from date of publication of declaration and if no award is made within that period, entire proceedings....
The court held that land acquisition proceedings lapsed as the award was not made within two years, violating statutory provisions and infringing constitutional rights.
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