Jammu & Kashmir High Court
Nhpc Ltd. Erstwhile National ... vs Mohd Shafi Bhat Son Of Sh. Lala Bhat on 22 February, 2024
Bench: Sanjeev Kumar, Javed Iqbal Wani
Sr. No. 1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
RP No. 96/2023
NHPC Ltd. Erstwhile National Hydroelectric ..... petitioner(s)
Power Corporation Registered Office NHPC
Office Complex Sector 33 Faridabad
Haryana 121003 th its Group General
Manager Sawalkote Hydroelectric Power
Project Tanger Ramban
Through :- Mr.Jasbir Singh Jasrotia Advocate
V/s
1 Mohd Shafi Bhat son of Sh. Lala Bhat .....Respondent(s)
resident of village Ashmar Tehsil Gool
District Ramban
2 UT of Jammu and Kashmir th.
Commissioner Secretary to Government
Revenue Department
3. Deputy Commissioner Ramban
4 Managing Director, J&K State Power
Development Corporation High Court Road,
Janipur , Jammu
5 Collector Land Acquisition, HEP
Sawalakote Project District Ramban
Through :- Mr. Gagan Basotra Sr Advocate
with
Mr. Nadeem Bhat Advocate
Ms Sagira Zaffer Adv.
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
(22.02.2024)
By the present application, the applicant/review petitioner seeks condonation
of 32 days delay in filing the application seeking leave to file the review
petition.
For the reasons stated in the application, the same is allowed.
Accordingly, delay aforesaid in filing the application seeking leave to file
review petition is condoned.
Disposed of as such.
This is an application seeking leave of this Court to file the review
petition against an order and judgment dated 07.06.2023 passed by this Court
in LPA No. 38/2019 titled 'Mohd Shafi Bhat vs. State and others'.
It is submitted that the applicant was not a party respondent in the appeal
which was disposed of by this Court vide order dated 07.06.2023 and has been
adversely affected by its outcome, in that, the land, subject matter of
acquisition, is under its actual occupation.
For the reasons stated in the application, the same is allowed.
Leave granted and the review petition taken up for hearing.
1 Through the medium of instant review petition, the review
petitioner is virtually seeking to recall the judgment dated 07.06.2023 passed in
LPA 38/2019 whereby this Court has, while allowing the appeal and setting
aside the judgment of the learned Single Judge, declared the land acquisition
proceedings initiated by the Collector Land Acquisition as having elapsed in
terms of Section 11-B of the Jammu and Kashmir Land Acquisition Act, Svt.
1990 and permitted the respondents to initiate fresh proceedings in accordance
with Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act 2013.
2 The judgment dated 07.06.2023 is sought to be reviewed by the
review petitioner on the ground that respondent No.1 is not the owner of the
land which is under occupation of the review petitioner and, therefore, no
acquisition proceedings could have been directed to be initiated at his instance.
Learned counsel for the review petitioner submits that the review petitioner had
not specifically challenged the acquisition proceedings on the ground that same
had elapsed in view of the provisions of Section 11-B of the State Land
Acquisition Act and, therefore, such relief could not have been granted by this
Court.
3 Having heard learned counsel for the parties and perused the
material on record, we are of the considered opinion that there is no error
apparent on the face of record which may impel us to review our judgment
dated 07.06.2023
4 From a reading of prayer clause in the writ petition filed by
respondent No.1, it clearly transpires that he had, in his petition, sought a
direction to the respondent-Collector Land Acquisition to initiate the process of
acquisition and take it to logical conclusion in respect of the land measuring
100 kanals falling in different khasra numbers in village Harog (Sumber)
Tehsil and District Ramban. On perusal of reply affidavit filed by the
respondents, it came to fore that the process of acquisition had actually been
initiated which had culminated into passing of a tentative award. However, no
final award was passed within a period of two years from the date of issuance
of a Notification under Section 6 of the Land Acquisition Act, therefore, this
Court, taking cognizance of the aforesaid fact, declared the acquisition
proceedings initiated by the Collector concerned as having elapsed in terms of
Section 11-B of the State Land Acquisition Act. Having held so, this Court was
left with no other option, but to direct the respondents to initiate fresh
proceedings to acquire the land under the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.
This Court did not express any opinion with regard to the ownership or
otherwise of the land claimed to be owned and possessed by respondent No.1.
This is an issue which is required to be determined by the Collector concerned.
5 In view of the aforesaid, we find no merit in this review petition. It
is hereby dismissed.
(JAVED IQBAL WANI) (SANJEEV KUMAR)
JUDGE JUDGE
Jammu
22 .02.2024
Sanjeev
Whether order is speaking:Yes/No
Whether order is reportyable:Yes/No
