Jammu & Kashmir High Court
Sh. Abdul Gani Age 56 Years vs Union Territory Of Jammu And on 26 February, 2024
Author: Sanjay Dhar
Bench: Sanjay Dhar
60
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 168/2022
CM No. 661/2022
1. Sh. Abdul Gani age 56 years .....Appellant(s)/Petitioner(s)
S/o Sh. Bali Choudhary R/o
village Tetharka, Tehsil Gool
District, Ramban.
2. Sh. Mushtaq Ahmed age 44
years S/o Sh. Bali Choudhary
R/o village Tetharka Tehsil
Gool District, Ramban.
3. Sh. Abdul Qadoos age 56 years
S/o Sh. Mir Baz, R/o village
Tetharka Tehsil Gool District,
Ramban.
4. Sh. Gh. Abass age 62 years S/o
Sh. Ab. Rehman Gujjar R/o
village Tetharka Tehsil Gool
District, Ramban.
5. Sh. Shaman Din age 54 years
S/o late Sh.Asaq R/o village
Tetharka Tehsil Gool District,
Ramban.
6. Sh. Mohd Shafi age 65 years
S/o Sh. Maya R/o village
Tetharka Tehsil Gool District,
Ramban R/o village Tetharka
Tehsil Gool District, Ramban
Through: Mr. R. K. S. Thakur, Advocate
Vs
1. Union Territory of Jammu and ..... Respondent(s)
Kashmir through Commissioner-
cum-Secretary, Revenue
Department, Civil Secretariat,
Jammu.
2. Collector Land Acquisition (Sub
Divisional Magistrate), Gool.
3. Commissioner-cum-Secretary,
Public Works Department, Civil
2 WP(C) No. 168/2022
Secretariat, Jammu.
4. Executive Engineer, Public Works
Department, (R & B), Division,
Ramban.
5. District Collector/ Deputy
Commissioner, Ramban.
Through: Ms. Monika Kohli, Sr. AAG
Mr. Ravinder Gupta, AAG
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER (ORAL)
26.02.2024
01. This is the second round of litigation thrust upon the petitioners due to
the in action and lethargy of the respondents. The petitioners through the
medium of present petition have challenged acquisition proceedings including
the draft award bearing endorsement No. SDM/G/PWD/72-79 dated 19.07.2018
issued by respondent No. 2 as also Notification dated 02.11.2017 issued under
Section 4(1) of the Jammu and Kashmir Land Acquisition Act (hereinafter
mentioned as the Act) and subsequent Notification under Section 6 of the Act
issued on 22.02.2018 in respect of land measuring 34 kanals 19 marlas,
comprised in different khasra numbers, situated at village, Tetharka, Tehsil
Gool, District Ramban. The petitioners have also sought a direction upon the
respondents to initiate the acquisition proceedings in respect of the aforesaid
land afresh in terms of the provisions of Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(hereinafter to be referred as "the Act of 2013").
02. Heard and considered.
03. Petitioner No. 1 claims to be the owner of land measuring 5 kanals 17
marlas in khasra No. 474/441/1, 475/441/1 and 4 min, situated at village
Tetharka, Tehsil Gool, District Ramban. Similarly, petitioner No. 2 claims to be
the owner of land measuring 2 kanals 17 marlas in khasra No. 475/444/1 and 4
min, situated in the same village. Petitioner No. 3 claims to be the owner of 1
kanal 18 marlas of land in khasra No. 244 min and 7 min of the same village.
Petitioner No. 4 claims to be the owner of land measuring 16 marlas of land in
khasra No. 7 min, situated in the same village, whereas petitioner No. 5 claims to
be the owner of land measuring 1 kanals falling in khasra No. 660/245 min,
situated in the same village. According to petitioner No. 6, he is the owner of 13
marlas of land, comprised in khasra No. 475/444/1 and 4 min, situated in the
same village. The petitioners claim that their aforesaid land was taken over by
the respondents for construction of a road in the year 2002 alongwith fruit
bearing and non-fruit bearing trees growing on the said land. Since then, the
petitioners have been deprived of the use of the land in question.
04. It seems that respondent No. 4 issued indent vide letter No. 15546-51
dated 09.03.2012 for acquisition of 53 kanals and 15 marlas of land owned by
the different persons including the petitioners. Pursuant thereto, the Collector,
Land Acquisition, Ramban issued notification dated 09.01.2014 under Section 4
(1) of the J&K Land Acquisition Act. Notification under Section 6 of the Act
was issued on 04.02.2014 and Notification under Section 9 and 9-A of the Act
was issued on 03.03.2014. It seems that the tentative award was passed by the
Collector on 27.08.2014 and the compensation was assessed. However, no
compensation was paid to the petitioners, which compelled them to file writ
petition bearing OWP No. 1765/2016.
05. The aforesaid writ petition came to be disposed of by this Court in
terms of order dated 14.08.2017, wherein it was observed that the acquisition
proceedings had lapsed in terms of the provisions contained in Section 11-B of
the J&K Land Acquisition Act and accordingly, the acquisition proceedings
were quashed. This Court further directed the respondents to commence fresh
acquisition proceedings within four weeks and complete the entire exercise
within six months.
06. It appears that pursuant to the aforesaid judgment passed by this Court,
the Collector issued notification under Section 4 of the J&K Land Acquisition
Act on 02.11.2017, whereafter notification under Sections 6 & 7 of the Act was
issued on 22.02.2018. Notification under Section 9 and 9-A of the Act was
issued on 02.03.2018 and the final award came be passed by the Collector only
on 10.12.2021.
07. From the aforesaid sequence of events, it is clear that even on the
second occasion, the respondents did not conclude the acquisition proceedings
with reasonable dispatch in spite of the directions of this Court that the
acquisition proceedings be completed within a period of six months.
08. Section 11-B of J&K Land Acquisition Act provides that the
Collector has to make an award under Section 11 within a period of two years
from the date of publication of the declaration and if no award is made within
that period, the entire proceedings for the acquisition of the land would lapse.
Explanation to the said provision provides that in computing the period of two
years, the period during which any action or proceedings to be taken in
pursuance of the said declaration is stayed by an order of a Court, shall be
excluded.
09. In the instant case, the declaration under Sections 6 & 7 of the J&K
Land Acquisition Act was issued on 22.02.2018, whereas the final award has
been passed on 10.12.2021 i.e. well beyond the period of two years. It is not the
case of the respondents that the acquisition proceedings were either subject
matter of challenge before any court or there was an order of any court staying
the acquisition proceedings. Therefore, the entire acquisition proceedings, in
face the provisions contained in Section 11-B of the J&K Land Acquisition Act,
stand lapsed this time as well.
10. In view of the above, the writ petition is allowed and the impugned
acquisition proceedings are quashed. The respondents are directed to initiate and
conclude the acquisition proceedings afresh in respect of the land of the
petitioners within a period of six months from the date a copy of this order is
made available to the respondents. It is made clear that fresh acquisition
proceedings have to be undertaken by the respondents in accordance with the
Act of 2013.
11. Having regard to the fact that the petitioners have been made to
approach this Court repeatedly and they have been denied utilization of the
acquired land for the last about 22 years without paying any compensation to
them, the respondents are burdened with exemplary costs of Rs. 6 lacs, which
shall be payable to the petitioners in equal proportion. The respondents are at
liberty to recover the amount of costs from the officers who may be found
responsible for the aforesaid state of affairs.
(SANJAY DHAR)
JUDGE
Jammu
26.02.2024
Karam Chand/Secy
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
