Reportable:

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

ATJAMMU

CJ Court

Case: 1. WP(C) No. 192 of 2021

2. OWP No. 2555 of 2018

3. WP (C) No. 463 of 2021

1.

Nisar Ahmed Ganai and others

.....Appellant/Petitioner(s)

Through :- Sh. Jatinder Choudhary, Advocate

v/s

Union Territory of J&K and others

.....Respondent(s)

Through :- Sh. D. C. Raina, Advocate General with

Sh. Raman Sharma, AAG

Sh. R..K.Gupta, Sr. Advocate with

Sh. Jugal Kishore, Advocate

2.

Brij Bhushan and Others

.....Appellant/Petitioner(s)

Through :- Sh. Jatinder Choudhary, Advocate

v/s

State of J&K and others

.....Respondent(s)

Through :- Sh. D. C. Raina, Advocate General with

Sh. Raman Sharma, AAG

Sh. R..K.Gupta, Sr. Advocate with

Sh. Jugal Kishore, Advocate

3.

Renu Sachdev and others

.....Appellant/Petitioner(s)

Through :- Sh. Jatinder Choudhary, Advocate

v/s

Union Territory of J&K and others

.....Respondent(s)

Through :- Sh. D. C. Raina, Advocate General with

Sh. Raman Sharma, AAG

Sh. R..K.Gupta, Sr. Advocate with

Sh. Jugal Kishore, Advocate

Sr. No. 91

2 WP (C) No. 192 of 2021 & connected matters

CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICERAJNESH OSWAL, JUDGE

ORDER

06.10.2021

PANKAJ MITHAL, CJ:

1.

All the three writ petitions are identical and similar on facts. They

give rise to a common question of law and, as such, have been taken up

together with the consent of the parties.

2.

The petitioners through the medium of these writ petitions under

Article 226 of the Constitution of India want that the respondents be restrained

from passing an award under Section 11 of the repealed Land Acquisition Act

Svt. 1990 which is in pari materia with the Land Acquisition Act, 1894 and,

that they should be paid compensation of their acquired land in accordance

with the provisions of Section 24 of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

(hereinafter referred to as „the new Act‟).

3.

In addition to the above primary relief claimed in the writ petitions,

the petitioners have also prayed that the notification dated 15.11.2016 issued

under Section 4 of the Land Acquisition Act (for short „the Act‟) and the

declaration dated 12.11.2018 issued under Section 6 of the Act as also the

ancillary notices issued under Section 9 A and 9 B of the Act be quashed.

4.

Heard Sh. Jatinder Choudhary, learned counsel for the petitioners

and Sh. D. C. Raina, learned Advocate General for the respondents.

5.

Both of them agreed for the final disposal of the petitions on the

basis of material already on record.

6.

Sh. Jatinder Choudhary, learned counsel for the petitioners submitted

that the petitioners would be satisfied if instead of quashing the land

3 WP (C) No. 192 of 2021 & connected matters

acquisition proceedings, the petitioners are directed to be paid compensation of

the acquired land in accordance with the provisions of Section 24 of the new

Act.

7.

Learned Advocate General, on the other hand, contended that since

the acquisition proceedings have been initiated under the Act, in view of

Section 6 of the General Clauses Act read with Sub clause (13) of Clause 2 of

the Removal of Difficulties Orders 2019 and 2020 issued vide S.O. No. 3912

(E) of 2019 dated 30.10.2019 of the Ministry of Home Affairs (Department of

Jammu and Kashmir Affairs), the repeal of the Act shall not affect the right,

privilege, obligation or liability acquired, accrued or incurred under any law so

repealed and that any investigation, legal proceedings or remedy may be

instituted, continued or enforced as if this Act (J&K Reo