JUDGEMENT

07.05.2026

BRIEF FACTS

1. The Petitioner in the instant petition is aggrieved of Order dated 04.02.2026 passed in an application under Section 151 of the Code of Civil Procedure read with Section 17-B of the J&K Land Acquisition Act, as also Order dated 27.04.2026 passed in an application seeking review of Order dated 04.02.2026, by the Court of learned Principal District Judge, Anantnag. The impugned orders as per the petitioner being contrary to law, facts, and settled principles of procedure, are liable to be set aside and are accordingly challenged by way of the present petition under Article 227 of the Constitution of India.

ARGUMENTS ON BEHALF OF THE PETITIONER

2. Learned counsel submits that land measuring 6 kanals and 2 marlas, along with structures existing thereon, belonging to the Petitioner, came to be acquired for the purpose of four-laning of the Srinagar–Jammu National Highway at Village Sangam, Bijbehara, District Anantnag.

3. It is submitted that the acquisition proceedings were conducted strictly in accordance with law and an award came to be passed. Being dissatisfied with the quantum of compensation, the Petitioner sought reference, which initially came to be declined.

4. It is submitted that upon intervention of this Court, the Collector was directed to consider the claim of the Petitioner under Section 18 of the J&K Land Acquisition Act, pursuant to which the matter was referred to the learned Principal District Judge, Anantnag. The Reference Court, after framing issues and recording evidence, passed a detailed award dated 15.07.2014, whereby, the petitioner was held entitled to the following compensation:

i. “Compensation of land measuring 6 kanals 2 marlas falling under survey No.271,272 and 273 situated at Sangam, Bijbehara, @ Rs.30 lac per kanal;

ii. Compensation for Shane Kashmir Passenger Oriented wayside amenities project as per EXPW-1/1 amounting to Rs. 155.96 lacs;

iii. Compensation for construction of proposed single storey dormatry for Shane Kashmir, amounting to Rs. 11.27 lacs;

iv. Compensation for reinstallation of the petrol out let @ Rs.66.70,600/-; and

v. Compensation for loss of earnings from the date of notification till completion of the petrol out let Rs.24.00 lacs.”

5. It is further submitted that the Reference Court clearly directed deduction of the amount already received from the total compensation.

6. Learned counsel lays particular emphasis on the fact that an amount of ₹1,02,54,693/- was paid towards cost of demolition of structures and was not part of compensation, which is explicitly recorded in the award itself.

7. It is submitted that this crucial aspect has been completely ignored by the Court below while passing the impugned orders.

8. It is submitted that the award dated 15.07.2014 was challenged by respondent No.1 before this Hon’ble Court in CFA No. 190/2014, which came to be dismissed on 25.08.2022 both on maintainability and also on merits.

9. Thereafter, the order passed by this Court in the above appeal came to be challenged before the Hon’ble Supreme Court by way of Special Leave Petition, SLP No. 21543/2022, which also came to be dismissed on 20.02.2024, thereby rendering the award final and binding.

10.Learned counsel submits that after finality of the award, respondent No.1 filed an application dated 06.08.2024 before the learned Principal District Judge, Anantnag, alleging excess payment.

11.It is contended that the said application was wholly vague, frivolous, and unsupported by any cogent calculation or legal basis, and was nothing but an attempt to reopen settled issues which had attained finality up to the Hon’ble Supreme Court.

12.It is submitted that despite detailed objections filed by the Petitioner demonstrating that all payments were made strictly in terms of the award, the learned Court below, without proper appreciation of facts and law, allowed the application vide order dated 04.02.2026 and directed recovery of ₹2,61,34,972/- (two crore,