Excelsior Correspondent
Srinagar, Oct 8: High Court has declined to quash the preliminary notification for acquiring the land for the purpose of construction of a truck terminal in district Kargil and directed the Financial Commissioner (Rev.) to proceed and consider the matter pending before him in accordance with law most expeditiously preferably within a period of three months.
The villagers of Chullskamboo village in Kargil have preferred writ petitions in the representative capacity for quashing of the notification dated 22.11.2021 whereby 61 kanals 13 marlas of land situated in Chullskamboo village Kargil, has been notified for acquisition for construction of a truck terminal.
The notification has been issued in exercise of powers under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The villagers want that the letter dated 11.04.2022 of the Financial Commissioner (Rev.) UT of Ladakh be also quashed wherein he directs the Assistant Commissioner (Rev.) Kargil to proceed with the acquisition of the land for construction of the terminal.
The Division Bench of Chief Justice Pankaj Mithal and Justice Moksha Kazmi after perusal of the impugned preliminary notification said the Government proposes to acquire the land for the public purpose of constructing a truck terminal and that the plan of the land may be inspected in the office of the Collector. Court said any person desirous of objecting to the above acquisition may file objections within sixty days from the date of publication of the notification before the concerned authority.
Court also added that no declaration and publication has been made under Section 19 of the Act notifying the acquisition of the above land, meaning thereby that the land has not yet been acquired. “In view of the aforesaid facts and circumstances as the land has not been finally acquired and there is only a proposal to acquire it”, reads the order.
The DB opined that petitioner-villagers cannot challenge the preliminary notification by way of a writ petition and are free to file objections to the acquisition proceedings whereupon necessary action would be taken in accordance with law.
Court also clarified that the question of finalization of compensation would only arise after the land is finally acquired by issuance of declaration under Section 19 of the Act on pronouncement of an award under Section 23 of the Act which stage has not arrived as on date.
“The challenge to the preliminary notification proposing to acquire the land is not acceptable and consequently the direction of the Financial Commissioner (Rev.) to proceed with the acquisition is also not liable to be interfered with”, DB concluded.
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