Excelsior Correspondent
Srinagar, Nov 21: The High Court has set aside the compensation award granted to the land owners for acquiring their land for construction of Semi Ring Road around Srinagar City and directed for passing a fresh award with the determination of market value as on August 2020.
The residents of village Dharmuna and Wathoora Budgam are aggrieved of the communication of the Financial Commissioner, Revenue, bearing No. FC-LS/LA-4577/2017 dated 13.08.2020 whereby the Divisional Commissioner, Kashmir has been conveyed the approval of the competent authority to the adoption of rates of compensation in respect of different villages in District Budgam for construction of Semi Ring Road around Srinagar City.
The residents seek fresh land acquisition proceedings in these villages strictly as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Their case before the court was that the acquisition proceedings initiated in terms of Notification dated 26.08.2017 issued under Section 4 of the J&K Land Acquisition Act, 1990 have lapsed by afflux of time in view of the provisions contained in Section 11(B) of the 1990 Act.
They submit that in 2017, the authority initiated process of acquisition of land in their villages and, accordingly, issued Notification under Section 4 of the 1990 Act vide its Notification no. DCB/LAS/016/F-330/2535-42 dated 26.08.2017 which was subsequently followed by Notifications under Section 6 and 7 of the 1990 Act.
The Division Bench of Justice Sanjeev Kumar and Justice Wasim Sadiq Nargal has held that the land acquisition proceedings in the instant cases would lapse on 22.12.2019 on account of failure of the Collector to pass final award within a period of two years from the date of issuance of Section 6 declaration and that invocation of Section 17 by the Government is of no consequence in view of the failure of the Collector to adhere to Section 17-A, the passing of the final award on 11th August, 2020 cannot jettison the consequences.
The court after threadbare discussion on the issue set aside the final award dated 11th August, 2020 and directed the Collector Land Acquisition, Budgam shall pass fresh award qua the petitioner-land owners only and for that purpose shall construe 11th August, 2020 (date of final award) as the relevant date for determination of market value.
Court said the Collector shall apply the yardsticks for assessment of compensation provided under the 1990 Act in respect of acquired land of the petitioners only and shall calculate other statutory benefits on such amounts including interest to be calculated and determined by taking into consideration the date of taking over possession i.e. 15th May, 2018.
Court directed that while making payment of compensation assessed in terms of the instant judgment, the amount of compensation, if any, received by the petitioners shall be taken into account and further the compensation determined in their favour pursuant to the instant judgment shall not give cause of action to any other land loser, whose land is acquired under the same notification to seek re-determination of the compensation.
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