WP(C) No. 1510 of 2022 · High Court of Jammu & Kashmir and Ladakh

Through :- Mr. D. K. Khajuria, Advocate. V/s UT of J&K and others ….Respondent(s) Through :- Mr. S. S. Nanda, Sr. AAG. Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 27.07.2022

In this writ petition, the petitioners have sought a direction in the nature of mandamus directing the respondent no.3, Sub Divisional Magistrate South (Collector), Land Acquisition, Jammu for making reference to the Court of Learned Principal District Judge, Jammu under Section 18 of the Land Acquisition Act, 1990 in respect of award passed by the respondent no.3 on

22.09.2017 vide No. SDM/JS/LA/Ring Road/2017-18/1174-75.

When the matter is taken up, learned counsel for the petitioners submits that petitioners are owners of land comprising khasra No. 84 min (1 kanal 13 Marlas), Khasra No. 85 (3 kanal 17 marlas), Khasra No.86 min (2 kanal 4 marla), Khasra No. 87 min (3 kanal 8 marla), Khasra No. 91 min (10 marla), Khasra No. 98 min (18 marla), Khasra No. 100 min (3 kanal 9 marla), Kahsra No. 102 min (3 kanal 6 marla), Khasra No. 173 min (4 kanal 8 marla), Khasra No. 184 (5 kanal), Kahsra No. 377 min (2 marla), Khasra No. 378 min (10 kanal 15 marla), Khasra No. 382 (6 kanal 12 marla), Khasra No. 383 min (2 kanal 14 marla), Khasra No. 384 min (8 marla), Khasra No. 416 min (11 marla), Khasra 2 WP(C) No. 1510/2022 No. 417 (13 marla) and Khasra No. 418 (9 marla) situate in Village Fatwal, Tehsil Bishnah, District Jammu.

It is further submitted by the learned counsel for the petitioners that respondent no.3 has issued notification no.14 of 2016 dated 29.08.2016 under Section 4(1) of the Land Acquisition Act, 1990 (for short ‘the Act’) for acquiring the land of the petitioners for construction of the ring road in Village Fatwal Tehsil Bishnah, District Jammu. It is further contended that thereafter notifications under Sections 6, 7, 9 and 9(A) of the Act was issued and the Collector i.e. respondent No. 3 passed an award on 22.09.2017.

Learned counsel for the petitioners submitted that notification under Section 4(1) of the Act has neither been published nor affixed at the convenient place of village Fatwal, Bishnah and as there was no beat of drums regarding the same notification. However, after coming into notice of the petitioners about the passing of the final award, they moved application under Section 18 of the Land Acquisition Act against the award dated 22.09.2017 before the Collector Land Acquisition, respondent no.3 for reference of award.

However, the Collector instead of referring the application moved by the petitioners is sitting over the application. Thus, the petitioners are left with no option but to approach this court by filing the present petition.

Notice. Notice is accepted by Mr. S. S. Nanda, Sr. AAG. Since the petitioners are seeking a direction to the respondent no.3 for making reference to the concerned competent court of law under Section 18 of the Land Acquisition Act, we deem it appropriate to dispose of the writ petition instead of keeping it pending with the direction to the respondent no.3, Collector concerned to refer the application moved by the petitioners under Section 18 of 3 WP(C) No. 1510/2022 the Act to the concerned competent court of law strictly under rules and the concerned competent court of law where reference be made shall consider and decide the reference within two months from the date copy of the application moved under Section 18 of the Land Acquisition Act along with all requisites is received by it.