MOHAMMAD AYOUB & Ors. v. UT OF JAMMU AND KASHMIR & Ors.

Through: Mr. Mudasir-bin-Hassan, Advocate Vs UT OF JAMMU AND KASHMIR AND OTHERS ...Respondent(s) Through: CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 20.06.2024

In the instant petition, the petitioners herein are aggrieved by the conduct and manner in which the Collector Land Acquisition Shopian has passed the draft award bearing No. DCS/LAC/24-25/45-51 dated 20.05.2024, whereby award under Section 26 read with Section 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Section 32 of the Jammu & Kashmir right to Fair Compensation and Transparency in Land Acquisition and Resettlement (Social Impact Assessment and Consent) Rules, 2023 has been passed in respect of various land owners including the petitioners. It is stated that the land of the petitioners being horticulture in nature of Abi Bagh have been intended to be acquired, and the award passed and the amount per kanal has been fixed at 20 lacs on the pretext the land of the petitioners is agricultural land (Abi Awal).

Learned counsel for the petitioners state that objections have been filed by them under Section 11 (2) of the Act but the same has not been considered by the respondents till date.

Learned counsel for the petitioners submit that he would feel satisfied if the instant petition be disposed of with a direction to the respondents to consider the objections filed by them.

Be that as it may, the respondents are directed to consider the objections filed by the petitioners within a period of four weeks from the date a copy of this order along with a copy of this petition alongwith annexures are served upon the respondents.

However, it is made clear that till the objections filed by the petitioners are considered by the respondents, final award shall not be passed.

Disposed of. SRINAGAR 20.06.2024 ARIF (MOKSHA KHAJURIA KAZMI) JUDGE