Zamindaran Of Mohalla Goma ... vs Union Territory Of J&K And Others
2022 Latest Caselaw 1704 j&K/2

                                                                     Sr. No.06

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR


WP(C) No.911/2022
Zamindaran of Mohalla Goma Yokchoks and Ors.               ... Petitioners.
Through:    Mr. Kacho Manzoor Ali Khan, Advocate.

                                   Vs.
Union Territory of J&K and others.                      ....Respondent(s)
Through:    Mr. T. M. Shamsi, DSGI.
            Mr. M. A. Qayoom, Advocate.

WP(C) No.2795/2021:

Villagers of Chuliskamboo (Kharul) Kargil                 ....Petitioner(s)

Through:    Mr. M. A. Qayoom, Advocate.

                                   Vs.

Union Territory of Ladakh and others.                   ....Respondents.

Through :    Mr. T. M. Shamsi, DSGI.

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                               ORDER

06.10.2022

Pankaj Mithal, CJ

1. Heard Mr. Kacho Manzoor Ali Khan, learned counsel for the petitioners, Mr. T. M. Shamsi, DSGI for the respondents and Mr. M. A. Qayoom, learned counsel for the private respondents.

2. The petitioners have preferred these writ petitions in the representative capacity for quashing of the notification dated 22.11.2021 whereby 61 kanals 13 marlas of land situate in Chullskamboo Village Tehsil and District Kargil, has been notified for acquisition for construction of a truck terminal. The said notification has been issued in exercise of powers

____________________________________________________________________________ WP(C) No.911/2022 & 2795/2021 1|Page under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. In addition to the challenge to the above notification, the petitioners also wants that the letter dated 11.04.2022 of the Financial Commissioner (Rev.) UT of Ladakh be also quashed wherein he directs the Assistant Commissioner (Rev.) Kargil to proceed with the acquisition of the above land.

4. The petitioners are further seeking a direction upon the Financial Commissioner (Rev.) Ladakh to dispose of the revision petition which has been filed by them against the order of mutation attested by the Revenue authorities within a time bound period.

5. A reading of the preliminary notification dated 22.11.2021 issued under Section 11(1) of the Act reveals that the Government proposes to acquire the aforesaid land for the public purpose of constructing a truck terminal and that the plan of the land may be inspected in the office of the Collector. Any person desirous of objecting to the above acquisition may file objections within sixty days from the date of publication of the notification.

6. Further reading of the aforesaid notification makes it crystal clear that it is only a proposal to acquire the above land and is not in the shape of a final acquisition.

7. Section 11 of the Act provides for the publication of a preliminary notification where the land is proposed to be acquired for the public purpose. It is only after preliminary survey of the land, hearing of the objections, preparation of the rehabilitation and re-settlement scheme that a final declaration under Section 19 of the Act is published for acquiring the land. So far no declaration and publication has been made under Section 19 of the Act notifying the acquisition of the above land, meaning thereby that the land has not yet been acquired.

8. In view of the aforesaid facts and circumstances as the land has not been finally acquire and there is only a proposal to acquire it, we are of the opinion that the petitioners cannot challenge the preliminary notification by way of a writ petition. The petitioners are free to file objections to the acquisition proceedings whereupon necessary action would be taken in accordance with law.

____________________________________________________________________________ WP(C) No.911/2022 & 2795/2021 2|Page

9. The question of finalization of compensation would only arise after the land is finally acquired by issuance of declaration under Section 19 of the Act on pronouncement of an award under Section 23 of the Act which stage has not arrived as on date.

10. In the light of the above, the challenge to the preliminary notification proposing to acquire the land is not acceptable and consequently the direction of the Financial Commissioner (Rev.) to proceed with the acquisition is also not liable to be interfered with.

11. In so far as the pendency of the revision before the Financial Commissioner (Rev.) Ladakh, is concerned, it goes without saying that in case any such revision is pending against the attestation of the mutation entries the Financial Commissioner (Rev.) shall proceed and consider the same in accordance with law most expeditiously preferably within a period of three months.

12. The writ petitions are, accordingly, disposed of with the above observations.

               (MOKSHA KHAJURIA KAZMI)                  (PANKAJ MITHAL)
                                JUDGE                     CHIEF JUSTICE
Srinagar
06.10.2022
Abdul Qayoom, Secy.

               Whether the judgment is reportable?         Yes/No

____________________________________________________________________________ WP(C) No.911/2022 & 2795/2021 3|Page