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SANJAY DHAR
Abdul Gani – Appellant
Versus
UT of J&K – Respondent
ORDER (ORAL)
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 Coll
Lapse of land acquisition proceeding is automatic if final award has not been issued by Collectorwithin a period of two years from date of publication of declaration.
Failure to issue a final award within two years results in the lapse of land acquisition proceedings under the J&K Land Acquisition Act.
The mandatory nature of Section 11-B of the Jammu and Kashmir Land Acquisition Act, 1990, and the consequences of failing to make the award within the prescribed time period.
The court affirmed that land acquisition proceedings were valid and not lapsed under section 11-B, directing compensation payment as per the award.
Subsequent purchasers cannot challenge notifications issued under the Land Acquisition Act as established in prior case law.
Mandatory compliance with notification procedures in land acquisition is essential; failure to do so invalidates the acquisition process.
Substantial compliance with statutory procedures and proper intimation and hearing of affected parties are essential for valid land acquisition.
The main legal point established in the judgment is that the acquisition proceedings had lapsed in view of the proviso appended to Section 11-B of the Act, and the respondents were directed to initia....
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