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2001 DIGILAW 13 (JK)

Sian Dass v. Collector Land Acquisition

2001-01-24

T.S.DOABIA

body2001
JUDGMENT 1. It is not in dispute that proceedings were initiated under the Land Acquisition Act (herein after referred to as the Act). Notification was issued under Section 4 of the Act on 23 of March, 1998. Further notifications were also issued under sections 6 and 7 of the aforementioned Act. Later on the department for whose benefit acquisition was being made vide communication dated 10.7.99 informed the Assistant Commissioner Collector Land Acquisition Rajouri that the land is not required. This is apparent from the stand taken by the respondents in para "c" of the objections. This para is being reproduced below: "That after the award was issued the indenting department vide communication dated 10.7.99 informing the Assistant Commissioner Collector Land Acquisition Rajouri that the land acquired is not required for establishment of AO, SAO/ CO office SSB Rajouri due to certain administrative and financial reasons. The copy of the communication is enclosed herewith and marked as annexure R/1". 2. The learned counsel for the petitioner submits that as a notification under Section 4 of the Land Acquisition Act came to be issued and as the petitioners were not in a position to sell the land, therefore, they have suffered loss. It is submitted that in view of the provisions of Section 46 of the J&K Land Acquisition Act the petitioners are entitled to some compensation For facility of reference this section is being reproduced below: "46. Completion of acquisition not compulsory but compensation to be awarded when not completed (1) Except in the case provided for in Section 36, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken. 2. Whenever the Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in Consequence of the notice or of any proceedings thereunder and shall pay such amount to the person interested together with all costs reasonably incurred by him in the prosecution of the proceedings under this act relating to the said land. 3. The provisions are to the determination of the compensation payable under this section". 3. There is merit in this limited submission. The petitioner may if so advised lodge a claim in terms of section 46 of the aforementioned Act. 3. The provisions are to the determination of the compensation payable under this section". 3. There is merit in this limited submission. The petitioner may if so advised lodge a claim in terms of section 46 of the aforementioned Act. Otherwise the competent authority dealing with the acquisition would pass appropriate orders in terms of Section 46 within a period of three months from the date copy of this order is made available by the petitioner to the respondent authorities and also to the counsel who has put in appearance today, on behalf of the respondents. Disposed off accordingly.