Excelsior Correspondent
Srinagar, Sept 17: High Court directed the Government to release the compensation in favour of petitioners as per the decision of National Highway Authority of India for acquiring their land for the purpose of construction of Semi Ring Road.
About 21 persons have approached the court challenging the communication issued by the Financial Commissioner (Revenue) on August 13, 2020 on the ground that the same cannot be made applicable to the lapsed proceedings and in no way can be construed to be an award within the meaning of repealed J&K Land Acquisition Act.
Justice Tashir Rabstan after hearing Advocate Shafkat Nazir appearing counsel for petitioners, directed the authorities to consider release of compensation in favour of these persons as per the decision of NHAI. Court, however, said the compensation amount paid to the petitioners shall be subject to the outcome of the matter.
Meantime, Court asked the Revenue counsel to file his reply to the plea of petitioners before next date of hearing in the matter. The case of the petitioners is that the Collector Land Acquisition Budgam issued a notification under Section 4 of J&K Land Acquisition Act on March 2017 intending to acquire the land of the petitioners for construction of Srinagar Semi Ring Road and declared the land measuring 239 Kanals situated at Wathura, Budgam for the purpose of construction of Semi Ring Road by NHAI.
Court has been informed that the acquiring authority under the Act was required to complete the acquisition proceedings within a period of 2 years from the date of declaring of acquiring the said land or else in case of failure the acquisition proceedings would lapse.
It has been submitted after abrogation of Article 370 and enactment of J&K Reorganization Act 2019 and Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act has been extended to J&K UT instead of J&K Land Acquisition Act.
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