Excelsior Correspondent
Srinagar, Oct 29: High Court in a major setback for the authorities has declared the land acquisition proceedings and the compensation of award in lieu of those acquisitions for the purpose of Islamic University of Sciences and Technology (IUST) in Awantipora of District Pulwama as without jurisdiction and invalid in law.
The indent issued by the Registrar, Islamic University of Sciences and Technology Awantipora, a notification under Section 4 (1) was issued by the Collector on 2nd May 2017 for acquiring 46 Kanals, 12 Marlas and 6 ½ sirsai of land.
The owners of the land contend that the notification for acquiring the land has not been published widely as provided under the law as such the same is bad in law and the compensation awarded under previous Act is also bad in law.
“It is evident that as the notification issued under Section 4 of the Act was not published in all the prescribed mode as provided under the Act and the acquisition proceedings pursuant thereof are invalid and cannot be sustained in law”, Division Bench of Chief Justice Pankaj Mithal and Justice V C Kould concluded.
Court has also held the determination of compensation for the land acquired under the provisions of the previous Act as misconceived and, in fact, amounts to nullifying the express provision of Section 24 (1) (a) read with Section 37 of the New Act.
Court said the notifications to acquire the land were issued under the provisions of previous Act which was repealed by J&K Re-Organization Act 2019 and there was no award under Section 11 of the Act, therefore, the compensation was liable to be determined in accordance with the provisions of the J&K Re-Organization Act after the said became applicable to the UT of J&K w.e.f 31.10.2019.
“However, as the compensation has been determined by an award dated 20.02.2020 passed under Section 11 of the previous Act without referring or applying any of the provisions of the New Act, the award dated 20.02.2020 is clearly in conflict with Section 24 (1) (a) of the New Act”, DB said.
The DB opined that in the first instance, there is no proper and valid publication of the notification issued under Section 4 of the Land Acquisition Act and, secondly, the award dated 20th February 2020 is not within time and has been made under the repealed enactment in clear violation of the provisions of Section 24(1) (a) of the New Act. “Accordingly, we declare the award to be illegal, without jurisdiction and null and void and that the entire acquisition proceedings are invalid in law”, Court concluded.
Court to the arguments of AG said the notification under Section 4 of the Act was issued on 02.05.2017, whereas, the declaration under Section 6 of the Act was published on 27.07.2017. Both notifications as such were published prior to the repeal of the previous Act and before the enforcement of the New Act and the award was not passed within the statutory period of 2 years and it came to be passed on 20.02.2020 after the Act was repealed yet in accordance with the provisions of Section 11 of the repealed Act.
Court noted that under the New Act different factors have to be applied for determining the compensation of the acquired land in contrast to the factors that were applicable under the old Act.
The factors, court said, for determining the compensation under the New Act are totally different from those of the old Act and the factors under the J&K Re-Organization Act 2019 are more beneficial to the land holders whose land has been acquired than the provisions of the repealed Acts.
“Under the New Act, compensation has to be determined as per the market value of the land in accordance with the provisions of Sections 26 to 30 of the Act and thereafter the Collector is obliged to make an award under Section 37 of the New Act”, reads the judgment.
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