Whether within the jurisdiction and subsequent land acquisition proceedings in respect of the land for purposes of Islamic University of Science and Technology in Awantipora Pulwama being all within the ambit of law, the Division Bench of the High Court having declared that it was not so, has proved to be as a major setback for the University authorities. Had the acquiring of the land measuring 46 Kanals, 12 Marlas and 6.5 sirsai been done in a transparent manner as it had been alleged that the process of notification was not subjected to wide publicity as provided for under the law hence the same was ”bad in law”. It, therefore, means that all the proceedings, issues of compensation as cost of the acquired land and any development connected thereto stand to be invalid and having no sanctity in law. Notifications had to be issued and the compensation paid under the J&K ReOrganization Act which became applicable to the UT since Oct31, 2019. Action taken by the University authorities in the subject matter under the repealed Land Acquisition Act and not under the New Act being in violation of the current Act has rendered the entire land acquisition proceedings illegal and bad in law. It may be recalled that the amount of compensation in lieu of the land acquired has got to be made under the New Act which is current market price hence a great benefit to the land donors (sellers). Basically, the case is an apparent conflict, a clash of the old repealed Act
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