Excelsior Correspondent
Srinagar, Sept 10: The High Court held the land acquisition proceedings for construction of semi-ring road in Srinagar as valid, saying the repeal of the Land Acquisition Act has no effect on the acquisition proceedings and vesting of the land.
The land owner has preferred the instant writ petition for quashing of the entire land acquisition proceedings initiated by the National Highway Authority of India (NHAI) in terms of the repealed Jammu & Kashmir Land Acquisition Act and was seeking initiation of fresh proceedings for acquisition of the said land in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and resettlement Act, 2013.
“In view of the aforesaid facts and circumstances, we are of the opinion that the aforesaid land acquisition proceedings have not lapsed by virtue of Section 11-B of the Act as the vesting stood completed within two years though the award was made later on. Secondly, the repeal of the Act was much later and has no effect on the acquisition proceedings and the vesting of the land,” the Court said.
The Government of India under the Prime Minister’s Development Package (PMDP) approved the construction of two semi-ring roads around the capital cities of Jammu and Srinagar. Accordingly, for construction of the said ring roads which are not the National Highways, the work of construction was entrusted to the National Highway Authority of India and the indent of the National Highway Authority of India, the respective District Development Commissioners were required to initiate the proceedings for acquiring the land for purposes of construction of the above ring roads.
It is in furtherance of the said exercise, the land measuring 165 Kanals of village Budgam was notified to be acquired which was followed by a declaration under Section 6 of the Act.
In issuing the declaration aforesaid the provisions of Section 17 of the Act were also invoked and it was provided that the Collector will take possession of the aforesaid land on expiry of 15 days from the date of notice.
Consequently, the possession of the land was taken over by the Tehsildar/Naib Tehsildar and was handed over to the National Highway Authority of India and the acquisition was completed and the land came to be vested in the State free from all encumbrances and stood entrusted to the NHAI for purposes of construction of semi ring road under the Prime Minister’s Development Package, 2015 with the passing of final award.
Division Bench of Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani said the land owner has not pleaded the exact date of issuance of declaration under Section 6 of the Act and at the same time has concealed the fact of passing of the award and in the absence of crucial date for deciding the issue of lapsing of the proceedings, the court is not obliged to consider his aspect.
The DB said that when the land had been acquired and stood vested with the State, it cannot be divested otherwise than by following the procedure that may be prescribed in law or the Act itself. “We are of the opinion that the land acquisition proceedings in question have not lapsed by virtue of Section 11-B of the Act as the vesting stood completed within two years though the award was made later on and the repeal of the Act was much later and has no effect on the acquisition proceedings and the vesting of the land.
“There is no challenge to the award before us. In the event, the petitioner is not satisfied by the compensation offered under the award, he may take recourse to the proceedings of reference under Section 18 of the Act or may approach the appropriate forum as may be advised so as to challenge the award on any ground that may be available to him under law”, the DB said.
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