Excelsior Correspondent
SRINAGAR, Nov 10: High Court has directed the Government against land acquisition for Srinagar Semi Ring Road by National Highway Authority of India (NHAI) till next of hearing before the bench as the authorities have failed to compensate for the land within time.
Seventeen owners of the land to be acquisitioned have approached the court for quashing the communication issued by Financial Commissioner Revenue (FCR) J&K asking therein the Divisional Commissioner Kashmir for acquisition of land for the construction of Semi Ring Road around Srinagar city in District Budgam and seeking fresh land acquisition proceedings under Central Law which came into force after enactment of J&K Reorganization Act 2019.
“I am directed to convey that the approval of the Competent Authority accorded to the adoption of rates of different villages in District Budgam for construction of Semi Ring Road around Srinagar city received from the Revenue Department for further necessary action”, reads the communication of FCR.
It is Collector Land Acquisition Budgam who issued a notification under Land Acquisition Act for acquiring of 239 Kanals of land from the locals of the area for construction of Srinagar Semi Ring Road way back in 2017. The petitioners (owners of the land) are submitting before the Court that under the Act the acquiring authority to complete the acquisition proceedings within a period of 2 years from the date of declaration.
It has been argued before the court that in the event of its failure to do so, the notification and the proceedings taken there under are to lapse for which Section 11B of the Act has been referred which provides that the Collector shall make an award under this section within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for acquisition of the land shall lapse.
Court has been further informed that after enactment of J&K Reorganization Act 2019 several laws of the erstwhile State of J&K have been repealed and some central laws including Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act (RFCTLAR) has been extended to the J&K UT with effect from October 31, 2019.
Court after having regard to the contentions raised by the counsel for the petitioners and keeping in view of the law and subject to objections from the authorities said the case for indulgence is made out and directed that in case final award, qua the proprietary land of the petitioners has not been passed and if the petitioners are still in possession of their land, then the position shall not be disturbed otherwise in due course of law.
Court has issued notice and sought objections from Principal Secretary Revenue, Financial Commioner Revenue, Divisional Commissioner Kashmir, Deputy Commissioner Srinagar and Budgam, Collector Land Acquisition Budgam and Sub Divisional Magistrate Chadoora to the contentions raised in the petition filed by the owners of the land.
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