ABDUL JABBAR HAJAM Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners have approached this Court seeking a declaration that acquisition in question has lapsed as the respondents have failed to announce the award within the period prescribed under the J&K Land Acquisition Act, 1990 Svt. (for short 'the Act').

(2.) Mr. R.K.S. Thakur, learned counsel for the petitioners submitted that process of acquisition for land in question was initiated with issuance of notification under section 4(1) of the Act, on 21.02.2011. The same was followed by notification dated 06.07.2011, issued under section 6 of the Act. The tentative award was announced by the Land Acquisition Collector on 19.11.2011. Even though 80% of the compensation was paid to the petitioners in terms thereof, however, as required under section 11-A of the Act, final award was to be announced within two years from the date of issuance of notification under section 6 of the Act. On failure the acquisition proceedings automatically lapsed. Final award was announced on 24.07.2014. It came to the notice of the petitioners on the filing of the objections by the respondents.

(3.) In support reliance was placed upon judgments of Hon'ble the Supreme Court in Laxman Pandya and ors. v. State of U.P. and ors. reported as (2011) 14 SCC 94 and of this Court in National Highway 1-A Effected People Action Committee of District Ramban and others. V. State of J&K and ors. reported as 2016 (4) JKJ 507.