Balvinder Singh And Ors vs Ut Of J&K And Ors
2022 Latest Caselaw 758 j&K

                                                               Sr. No. 62

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

                                             WP(C) No. 984/2022
                                             CM No. 2967/2022


Balvinder Singh and ors.                       .....Appellant(s)/Petitioner(s)



                      Through: Mr. Jatinder Choudhary, Advocate.


                 Vs


UT of J&K and ors.                                       ..... Respondent(s)


                      Through: Mr. Vishal Sharma, ASGI for R-4.


Coram:    HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
          HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                 ORDER

09.05.2022

Notice.

Mr. Vishal Sharma, learned ASGI waives notice on behalf of

respondent No. 4. Let notice be issued to respondent Nos. 1 to 3.

List again on 23.05.2022.

The case set up by the petitioners, who are the land owners and

whose land is acquired, is that after applicability of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (hereinafter referred to as the "Act") in the UT of

Jammu and Kashmir, the award passed under the Land Acquisition Act

after the relevant date, i.e., 31.10.2019 would be non-est in the eyes of

law and that the compensation had to be determined only in accordance

with the provisions of Section 24(I) of the Act.

Reliance is placed upon the judgment of the Apex Court

rendered in case titled, "Indore Development Authority Vs. Manohar

Lal and ors., reported in 2020 (8) SCC 129".

Reliance is also placed upon the judgment rendered by a

Co-ordinate Bench of this Court.

Be that as it may, it is ordered that any compensation, which is

sought to be paid to the land owners under the award passed pursuant to

the acquisition proceedings under the erstwhile Act shall be without

prejudice to the claim of the petitioners to seek compensation under the

Act of 2013.

                          (Rahul Bharti)         (Dhiraj Singh Thakur)
                              Judge                      Judge

Jammu
09.05.2022
Ram Krishan