Sh. Saif-Ud-Din Wani & Others vs State Of J&K And Others
2021 Latest Caselaw 1734 j&K

   HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    ATJAMMU
CJ Court

Reserved on 05.08.2021
Pronounced on: 23.12.2021

Case: OWP No. 1625 of 2016


Sh. Saif-ud-Din Wani & Others                              ..... Petitioner(s)

                                 Through :- Sh. R.K.S.Thakur, Advocate
                           v/s

State of J&K and Others                                          .....Respondent(s)
                                 Through :- Sh. S.S.Nanda, Sr. AAG for respondent
                                            Nos. 1 to 5
                                            Sh. Vipan Gandotra, Advocate for
                                            respondent No. 6



      CORAM:
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                 JUDGMENT

PANKAJ MITHAL, CJ:

01. Heard Sh. R.K.S.Thakur, learned counsel for the petitioners and

Sh. S.S.Nanda, learned Senior Additional Advocate General for

respondent Nos. 1 to 5 and Sh. Vipan Gandotra, learned counsel for the

respondent No. 6.

02. This writ petition was heard along with OWP No. 1634 of 2016,

as an identical question of law was arising in both of them and the

judgments were reserved.

03. We have decided OWP No. 1634 of 2016 vide our separate

judgment and order passed on 23rd December 2021 and the same has

been allowed.

04. The main ground of allowing the writ petition is that the

proceedings for acquisition of land stood lapsed for want of an award

within two years of the declaration.

05. In the present case, the declaration under Section 6 of the Jammu

and Kashmir Land Acquisition Act, 1990 (for short 'the Act') was made

on 14.12.2010 and the award was made on 05.11.2016, much after the

expiry of the statutory period of two years fixed for making the award.

06. It may be noted that there is nothing on record to show that

pursuant to the urgency shown, the possession of the land was ever

taken prior to making of the award. No date of taking possession of the

land or any memo of possession has been brought on record, meaning

thereby that apart from a bald allegation that the possession has been

taken, there is no material to show the vesting of the land. Therefore,

once the land has not vested in the State and the award has not been

made within time, the land acquisition proceedings stand lapsed by

virtue of Section 11-B of the Act, as has been held by us in the aforesaid

referred writ petition.

07. Accordingly, this writ petition is also allowed in terms of the

judgment and order dated 23rd December 2021 passed in OWP No. 1634

of 2016.

                          (PUNEET GUPTA)                (PANKAJ MITHAL)
                                   JUDGE                 CHIEF JUSTICE
JAMMU
 23.12.2021
Tilak

              Whether the order is speaking ? :    Yes/No.

Whether the order is reportable? : Yes/No.