Subash Chander v. U.T of J&K through Principal

Through: Ms. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 13.03.2024 (Oral)

The petitioner has challenged the acquisition proceedings initiated in respect of his land measuring 14 marlas falling under khasra No. 261/36 min situated at Village Gurah Brahmna in terms of Notification under Section 4 of the Land Acquisition Act, 1990 issued on 09.11.2019. Challenge has also been thrown to the final award dated 01.12.2020 passed by the Collector, respondent No. 4 herein pursuant to aforesaid notification for acquisition.

Heard and considered. 2 WP(C) No. 393/2022

The short controversy involved in this writ petition is as to whether the respondents could have initiated proceedings for acquisition of the land under the J&K Land Acquisition Act after its repeal on 30.10.2019 in terms of J&K Reorganization Act, 2019. The facts, which are not disputed by the respondents in their reply, are that the Notification under Section 4 of the J&K Land Acquisition Act for acquiring 14 marlas of petitioner’s land falling under khasra No. 261/36 min situated at Village, Gurah Brahmna for widening of Jammu- Akhnoor road was issued on 09.11.2019. The declaration under Sections 6 and 7 of the J&K Land Acquisition Act was issued vide Notification dated 27.05.2020 and the final award for acquisition of the land in question was passed by the Collector on 01.12.2020. It is also not in dispute that pursuant to the final award passed by the Collector, an amount of Rs. 77,17,470/- stands released in favour of the petitioner and possession of the land has already been taken over by the respondents.

Learned counsel for the petitioner has submitted that the petitioner vide an application dated 11.02.2020 had approached respondents bringing it to their notice that the land has to be acquired under the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the Act of 2013), but in spite of this, the respondents have proceeded ahead to conclude the acquisition proceedings under the repealed J&K Land Acquisition Act.

Having regard to the undisputed facts noted hereinabove, it is clear that the respondents have initiated the land acquisition proceedings in respect of the land in question under the J&K Land Acquisition Act, which stood 3 WP(C) No. 393/2022 repealed on 30.10.2019 in terms of J&K Reorganization Act, 2019. Once the said Act stood repealed and in its place, the Act of 2013 came into operation in this part of the country, it was not open to the respondents to undertake acquisition proceedings in respect of the land in question under the repealed Act. The whole exercise undertaken by the respondents is, therefore, without sanction of law. Accordingly, the impugned acquisition proceedings and the award are liable to be quashed.

For the foregoing reasons, the writ petition is allowed and the impugned acquisition proceedings including the impugned award is set aside. The respondents shall initiate fresh acquisition proceedings in respect of the land in question under the Act of 2013 and conclude the same most expeditiously, preferably within a period of six weeks from today. The amount that has been received by the petitioner as compensation in terms of the award passed under the repealed Act, shall be retained by him and the same shall be adjusted towards the compensation that the petitioner may be found entitled to after conclusion of the acquisition proceeding under the Act of 2013.

Disposed of. (SANJAY DHAR) JUDGE Jammu 13.03.2024 Rakesh PS Whether the order is speaking: Whether the order is reportable: Yes Yes 4 WP(C) No. 393/2022