Excelsior Correspondent
SRINAGAR, Aug 7: The Supreme Court dismissed the plea of Jammu and Kashmir Government challenging verdict of High Court whereby passing of fresh award with the determination of market value was ordered for acquisition of land for construction of Srinagar Semi Ring Road.
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“We do not find any merit in this petition. The Special Leave Petition is, accordingly, dismissed. Pending application(s), if any, shall stand disposed of”, the bench of the Supreme Court comprising Justice B R Gavai and Justice KV Viswanathan said.
Even though the SLP moved by the Government was hit by latches, the apex court condoned the said delay in filing of appeal before it. However, it dismissed the plea by recording that there is no merit in SLP.
High Court in 2022 while accepting the plea of land owner, villagers had set aside the compensation award granted to them 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 Dharmunah and Wathoora Budgam were 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 was 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.
These two villages approached the High Court seeking direction to the respondent-authorities to initiate fresh land acquisition proceedings in respect of the land 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 submitted that in the year 2017, the authority concerned 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 Notifications were in respect of land measuring 316 Kanals and 23 sqfts. village Darmunah and a huge land in village Wathoora and are aggrieved that though their land was sought to be acquired in the year 2017 and Notification under Section 6 was issued on 22.12.2017, no further steps were taken to assess the compensation and pass final award within the stipulated period.
It was added that neither the authorities adopted the mode of private negotiation for adoption of rates nor did they follow the law of acquisition while acquiring the land in question for constructing the said road.
The Division Bench of High Court 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.
High court had pointed out that the provisions of Section 11-B are for the benefit of the land losers and to punish slackness of acquiring authority and, therefore, if the land losers do not avail of the remedy and waive of their right to challenge the acquisition proceedings by accepting the compensation, as per the final award, that may have been passed after the cutoff date, without any protest.
“However, the land losers, who approach the Government or the Collector or the Court and challenged the continuation of the proceedings beyond the period stipulated in Section 11-B shall, if they succeed in their challenge, be entitled to have the entire acquisition proceedings declared lapsed”, Court recorded.
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.
High Court had 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.
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