Excelsior Correspondent
JAMMU, Nov 9: Taking serious note of delay of 20 years in acquisition of land for a project, High Court has directed the State Vigilance Organization (SVO) to conduct investigation within a period of six months.
“Despite issuance of declaration about 20 years ago on April 29, 1994, no step has been taken to conclude the land acquisition proceedings. The inaction on the part of the officers of the State Government is a matter of grave concern as it burdens the public exchequer”, Justice Alok Aradhe observed.
“The officers of the State Government are required to discharge their duties in quiet promptitude. But the concerned officers have slept over the matter without any cogent reason”, he said and directed the Commissioner Secretary to Government, Power Development Department to handover the matter to State Vigilance Organization to enquire to the inaction on the part of the delinquent officers.
“The Vigilance Organization is directed to conclude the enquiry within a period of six months after the matter is handed over to it by the Principal Secretary to Government, Power Development Department”, Justice Aradhe directed, adding “the competent authority shall initiate disciplinary proceedings against the delinquent officers depending on the result of enquiry in accordance with law”.
“Needless to state that if the construction of Data Recovery Center has been raised by the respondents illegally without obtaining any sanction from the Jammu Municipal Corporation, it shall be at liberty to take action in accordance with the law in respect of the construction which has been raised by respondents”, High Court said while directing the respondents to conclude the proceedings within a period of four months from today positively and file copy of the award before this court.
“In addition, the petitioner would be at liberty to seek compensation before the appropriate forum for illegal use of his property as the right to hold the property is a fundamental right”, Justice Aradhe said.
As per the brief history of the case, the petitioner is the owner of the land measuring 5 kanals and 6 marlas and 1 kanal and 9 marlas. Initially proceedings were initiated in the year 1977 and the award was passed on 28.11.1979. This award was subject matter of challenge in OWP No.413/1983 which was decided by a bench of High Court vide order dated 21.10.1992 by which the proceedings as well as award were quashed.
However, the petitioner was restrained from disturbing the possession of the respondents and the respondents were directed to initiate the proceedings within a period of one month and conclude the same as early as possible. In pursuance of the directions issued by High Court, notification under Section 4(1) of the Land Acquisition Act was issued on 26.02.1993 which was admittedly withdrawn.
A notification under Section 6(1) of the Act was issued on 29.04.1994 and thereafter a notification under Section 9 of the Act was issued on 21.05.1994. However, no further action in the matter was taken and this compelled the petitioner to approach the High Court for the relief.
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