Research › Search › Judgment

J&K High Court · body

2004 DIGILAW 286 (JK)

Bashir Ahmad Paul v. State Of J. &K.

2004-10-08

R.C.GANDHI

body2004
The land of the petitioners was being acquired. Notification under section 6 of the Land Acquisition Act was issued on 17.6.2000 and the final award was passed on 29.10.2002 (though it is stated in the objections that the award was passed on 19.10.2002). The petitioners have presented this petition invoking section 11-B of the Land Acquisition Act (hereinafter called "the Act") which contemplates that Collector shall make an award within a period of two years from the date of publication of declaration and no award is made within that period, entire proceedings for acquisition shall lapse. 2. Respondents have filed the objections stating therein that the land was taken in possession in pursuance of section 17 of the Act on 1.9.2001 for public purpose and is being utilized by the respondents. 3. Heard learned counsel for the parties and perused the record. 4. On consideration of the submission of the learned Counsel for the petitioners relied upon on Sec. 11-B of the Act, bare reading will show that if the award is not made within two years from the date of publication of the notification under section 6 of the Act, the acquisition proceedings shall have to lapse. This section has been inserted by the State Land Acquisition (Amendment) Act, 1997. The purpose for introducing this section is contained in the statement of objects and reasons which reads as: "Under the existing law, no specific period has been fixed for making an award by the Collector after declaration under Section 6 and 7 of the State Land Acquisition Act, Samvat 1990 is issued whereby intention of the Government is made known to the public that a particular piece of land is required for public purposes. As a result, the persons interested in land have to wait for compensation for a long period and to accept rates as are prevalent on the date on which such declaration is made. In such a case the person interested in land are forced to approach to the Courts for enhancement of rates. It is, therefore, intended to minimize chances of litigation by providing a time-frame about validity of a declaration. The proceedings completed within the period of two years shall lapse, if the award is not made and the Collector shall be required to start proceedings afresh." 5. It is, therefore, intended to minimize chances of litigation by providing a time-frame about validity of a declaration. The proceedings completed within the period of two years shall lapse, if the award is not made and the Collector shall be required to start proceedings afresh." 5. The purpose and object for introducing Section 11-B in the Land Acquisition Act is that if the award is not passed within two years it may lead to the parties for litigation before the Court for enhancement of the assessed rates and they have to wait for payment of the compensation for a long period. 6. In the present case the notification was issued on 17.6.2000. 80% of the award amount has been paid to the petitioners on 1.9.2001. The award has been passed on 29.10.2002. While the possession has been taken over and 80% payment made by the respondents and received by the petitioners, the title of the land vests with the respondents. Where such steps have been taken Section 11-B corresponding to Section 11-A of Land Acquisition Act of 1894, has no application. This issue is covered by the judgment of the Supreme Court delivered in case titled Satinder Prashad Jain v. State of U.P., reported in (1993) 4 SCC 369, Para 15 whereof reads as: "Ordinarily, the Government can take possession of the land proposed to be acquired only after an award of compensation in respect thereof has been made under section 11. Upon the taking of possession the land vests in the Government, that is to say, the owner of the land loses to the Government the title to it. This is what section 16 states. The provisions or section 11-A are intended to benefit the landowner and ensure that the award is made within a period of two years from the date of the Section 6 declaration. In the ordinary case, therefore, when Government falls to make an award within two years of the declaration under section 6, the land has still not vested in the Government and its title remains with the owner, the acquisition proceeding are still pending and, by virtue of the provisions of section 11-A, lapse. In the ordinary case, therefore, when Government falls to make an award within two years of the declaration under section 6, the land has still not vested in the Government and its title remains with the owner, the acquisition proceeding are still pending and, by virtue of the provisions of section 11-A, lapse. When section 17(l) is applied by reason of urgency, Government takes possession of the land prior to the making of the award under Section 11 and thereupon the owner is divested of the title to the land which is vested in the Government. Section 17(l) states so in unmistakable terms. Clearly, Section 11-A can have no application to cases of acquisitions under section 17 because the lands have already vested in the Government and there is no provision in the said Act by which land statutorily vested in the Government can revert to the owner." 7. For the aforesaid reasons there is no substance in the petition which is dismissed.