ORDER

1 Heard Mr. Jatinder Chowdhary, learned counsel for the petitioners. Also heard Mrs. Monika Kohli learned Sr. AAG for the Union Territory of Jammu and Kashmir and Mr. Vishal Sharma, learned DSGI on behalf of the Union of India.

2. In this petition, the petitioners have sought for a direction to the respondents-Authorities to acquire the lands if they desire to use it for the purpose of defence and in case they do not wish to use the lands in question, the same be surrendered to them.

3 It appears that the lands in question have been in occupation of the Army since more than four decades and in this connection, learned counsel for the petitioners has drawn our attention to a communication dated 01.06.2015 in which it has been clearly mentioned that the Ministry of Defence has accorded ‘In principle approval’ for requirement of land for operational point of view. Learned counsel for the petitioner has also drawn our attention to a notice dated 12.04.2016 issued by the Deputy Commissioner, Udhampur wherein it has been mentioned that the land owners/interested persons have apprised the District Administration that they have not been paid rental compensation in time resultantly they are facing acute hardships and, as such, they have unanimously decided to part with their land holdings once for all in lieu of compensation of their requisitioned land.

4 From the above, what transpires is that the Army has been in occupation of the lands in question since long and also that the land owners are not being paid the rental compensation in time. It further transpires that the lands of the petitioners are not being formally acquired by the respondents by having resort to Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation Act, 2013. It also transpires from the record that since the Army Authorities have acknowledged that the need of the lands belonging to the petitioners under requisition on rental basis was permanent, therefore, it was desirable to formally acquire such lands in terms of the Land Acquisition Law in force. Accordingly, the process was set in motion. The Army Authorities processed the case at different levels and ultimately, Ministry of Defence, Government of India accorded ‘In Principle Approval’ to go for acquisition of the lands in question. Respondent No. 9, on receipt of ‘In Principle Approval, convened Board of Officers to examine the issue with regard to acquiring the requisitioned land in question being the permanent requirement of Udhampur Military Station. The Board of Officers recommended the acquisition of land in question under the provisions of J&K Requisition and Acquisition of Immovable Property Act, 1968. Thereafter, respondent No.5, on the recommendations of the Board of Officers placed an indent with the respondent No.3. Respondent No.3, on the basis of the indent placed by respondent No.5, proceeded to issue public notice in Form-I in terms of Section 7(1) of the Jammu and Kashmir Requisition and Acquisition of Immovable Property Act 1968 calling upon the land owners/stakeholders to provide the complete details of the land holdings within a week’s time. It is pertinent to mention here that, during the pendency of the proceedings, the Jammu and Kashmir Reorganization Act, 2019 came into force and resultantly the Jammu and Kashmir Requisition and Acquisition of Immovable Property Act 1968 stood repealed and, therefore, requisition cases are required to be dealt with under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 . 5 In view of the steps taken so far, we are of the view that, if we issue the following directions, it will serve the interest of the petitioners.

(i) We direct that the Army Authorities (respondent Nos. 4 to 9) shall take a concrete decision as to the requirement of the land in question belonging to the petitioners and if it is so required, they will immediately process the matter