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 using original award date for compensation.

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 Notification u/s 4(1) No.SDM/G/PWD/270-80 dated 07.03.2017 and 9, 9-A of J&K Land Acquisition Act 1990 and Notification No.6 and 7 of land J&K Acquisition Act bearing no. DC/LA/RBN/17/46-47 dated 15.06.2017;

(ii) Writ of Certiorari:- Quashing the land acquisition proceedings conducted by the respondents more particularly respondent No.3 of the land measuring 45 kanal 7 marlas situated at Village Movolkote Tehsil Gool District Ramban for the construction of road from Sangaldan to Kanthan under PWD being against the Section 11-B & Section 4 of the Land Acquisition Act;

(iii) Writ of Mandamus:- Commanding the respondents more particularly respondent No.3 to initiate fresh land acquisition proceedings of the land measuring 45 kanals 7 marlas situated at Village Movalkote Tehsil Gool District Ramban which has been acquired for construction of road from Sangaldan- Kanthan road for public purpose because the final award has been passed in violation of Section 11-B of the J&K Land Acquisition Act, 1990;

(iv) Writ of Mandamus:- Commanding the respondents to initiate the fresh acquisition under Right to Fair Compensation and Rehabilitation Act 2013 and pay the compensation to the petitioners with interest as per the Fair Compensation Act; and (v) Writ of Mandamus:- Commanding the respondents more particularly respondent No.3 to pay the compensation of Fruit bearing and non fruit bearing trees assessed by the authorities in the year 2013 dated 07.01.2013 and 24.01.2013.

(vi) To pass such other orders or directions which the Hon’ble Court may deem fit and proper in the nature and circumstances of case.”

2. Factual background as pleaded is that:-

(I) The government of J&K decided to construct a road from Sangaldan-Kanthan Bye pass through Village Movalkote, Tehsil Gool, District Ramban over the private land, houses and shops owned and possessed by different persons including the petitioners and for this purpose, land was acquired by the respondents 2 and 3 under the Land Acquisition Act but without paying any compensation to the petitioners; that aggrieved thereof, the petitioners approached this court in the year 2011 as also in 2014 by way of filing writ petitions, which were disposed of with direction to the respondents to assess the land of the petitioners and pay compensation accordingly;

(II) That respondents 3 and 4 in the year 2012 initiated the acquisition proceedings and Notification under Section 4(1) of the Act was issued on 09.10.2012 but final award was not passed within the stipulated time period; that again in the year 2017, notification U/S 4(1) of the Act was issued but the final award was not passed within a period of two years as required U/S 11-B of the Act and the same was passed on 03.07.2020 i.e. after the lapse of more than two years; that the