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2017 DIGILAW 642 (JK)

Ab. Gani v. State

2017-08-14

JANAK RAJ KOTWAL

body2017
JUDGMENT : JANAK RAJ KOTWAL, J. 1. There is no representation on behalf of the respondents. However, objections on behalf of Respondent Nos. 1 to 4 have been filed. The case demonstrated by the learned counsel for the petitioners, precisely, is that the acquisition proceedings commenced by virtue of Notification under Section 4 Sub-Section (1)1 of the Jammu and Kashmir Land Acquisition Act, 1990 Svt. (for short, the Act) dated 25.06.2013 have not been completed as the final award has not been passed till date so the proceedings are liable to be quashed, having elapsed in terms of Section 11-B of the Act. 2. It is admitted by the respondent Nos. 1 to 4, including the concerned Collector, that Notification under Section 4 (1) of the Act was issued on 25.06.2013, declaration under Sections 6 & 7 on 04.02.2014 and Notification under Sections 9 & 9-A on 03.03.2014. Tentative Award was passed on 27.08.2014. It is, however, not denied that up to the time of filing of the objections on 16.05.2017, the final award was not made. Section 11-B of the Act provides that the Collector shall 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 land shall lapse. The explanation to Section 11-B provides further that in computing the period of two years referred to in this section, 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. 3. Starting from the date of declaration under Section 6 of the Act, which was issued on 04.02.2014, the period of two years elapsed on 05.02.2016, that is, prior to the filing of the writ petition by the petitioners. It is not the respondents' case that the acquisition proceedings were interrupted by an order of any court. The acquisition proceedings have, therefore, lapsed by operation of Section 11-B2 of the Act and cannot be taken ahead. This being the legal position, the acquisition proceedings are liable to be quashed. 4. Viewed, thus, the acquisition proceedings commenced by virtue of Notification dated 25.06.2013 (supra) are quashed. The acquisition proceedings have, therefore, lapsed by operation of Section 11-B2 of the Act and cannot be taken ahead. This being the legal position, the acquisition proceedings are liable to be quashed. 4. Viewed, thus, the acquisition proceedings commenced by virtue of Notification dated 25.06.2013 (supra) are quashed. Since it is admitted case of both the sides that the owners of the land to be acquired have been divested of their possession and the land has been used for the public purpose for which it was sought to be acquired, so direction is issued to the respondents to commence fresh acquisition proceedings within four weeks' time hereafter and complete the same expeditiously, preferably, within six months hereafter. Disposed of. 1(1) Whenever land in any locality is needed or is likely to be needed for any public purpose the Collector shall notify it- (a) through a public notice to be affixed at convenient places in the said locality and shall also cause it to be known by beat of drum and through the local Panchayats and Patwaries; [x x x] [x x x] (b) in two daily newspapers having largest circulation in the said locality of which at least one shall be in the regional language. 211-B. Period within which an award shall be made The Collector shall make an award under section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of land shall lapse: Provided that in case where the said declaration has been published before the commencement of the State Land Acquisition (Amendment) Act, 1997, the award shall be made within a period of two years from such commencement. Explanation:-In computing the period of two years referred to in this section, 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. Disposed off.