*Takes serious note of slackness of Revenue Deptt
Mohinder Verma
JAMMU, Oct 29: Taking serious note of the slackness on the part of Revenue Department in acquisition of land for four-laning of Jammu-Srinagar National Highway in Ramban district, a Special Bench of the State High Court has fixed time-frame for completion of proceedings under State Land Acquisition Act so that execution of project is accelerated.
A number of writ petitions were filed in the High Court few years back by those persons, who were aggrieved by the action of the Revenue Department in seeking to acquire their land, and they sought quashment of proceedings under J&K State Land Acquisition Act on the ground that same have lapsed, as awards have not been passed within a period of two years from the date of issuance of notification under Section 6(1) of the Act.
Some of the petitioners even prayed for issuance of direction to the respondents against dispossessing them from their properties and to make payment of compensation to them in accordance with the law. From time to time, interim orders were passed by the High Court in these writ petitions.
As delay in disposal of these writ petitions was creating impediments in four-laning of Jammu-Srinagar National Highway in Ramban district, Justice Alok Aradhe decided to hear these writ petitions analogously as there was common question of law in all these petitions and accordingly the matters were listed together some days back.
It is pertinent to mention here that Justice Alok Aradhe has exclusively been entrusted the task of ensuring speedy disposal of the petitions creating road-blocks in the execution of mega projects in Jammu and Kashmir and every day 6-7 such petitions are being listed before him.
During the course of hearing of these petitions, the counsels for the petitioners submitted that except in few villages the awards have not been passed in majority of the villages within a period of two years from the date of issuance of the notification under Section 4(1) of the Act as such proceedings have lapsed under Section 11-B. They further submitted that respondents were liable to initiate proceedings under the Act afresh and re-assess the compensation payable to the villagers.
On the other hand, Advocate General submitted that in the proceedings under the Act, provisions of Section 17 of the Act have been invoked and provisions of Section 11-B of the Act have no application once provisions of Section 17 have been invoked. “The proceedings under the Act survive notwithstanding the fact that awards have not been passed within a period of two years”, he added.
It is pertinent to mention here that Section 17 of Land Acquisition Act empowers the Collector to take possession of any land needed for public purposes without making any award.
After hearing both the sides, Justice Alok Aradhe observed, “the State has the power of eminent domain but the same can be exercised subject to Constitutional rights of a person to hold the property”, adding “the acquisition of land of a person is a serious matter as it deprives the land owner not only of his property but means of livelihood as well as social status”.
Quoting Supreme Court judgments, Justice Aradhe said, “if the award is not passed within a period of two years, the proceedings under the Land Acquisition Act would lapse”, adding “mere passing of an award would not vest the land with the State Government unless possession is taken formally”.
He further said, “it is equally well settled legal proposition that once transaction in question is found to be vitiated, there cannot be any estoppels of the ground that land owners have received the compensation and relief cannot be confined only to those land owners, who have not received the compensation”.
In some writ petitions, Justice Aradhe held as valid the proceedings initiated strictly as per the provisions of Land Acquisition Act while as he took serious note of slackness of the Revenue Department officers in ensuring strict adherence to the provisions of Land Acquisition Act in other petitions.
He held as invalid proceedings in respect of lands for which awards have not been passed within a period of two years from the date of declaration under Section 6 of Land Acquisition Act and in view of law laid down by the Supreme Court directed that date of issuance of notifications under Section 4(1) of the Act shall be treated as date of this order in respect of such lands.
Justice Aradhe has directed the Revenue Department authorities particularly District Collector Ramban to conclude the proceedings within a period of four months.
According to the legal experts, the initiation of fresh proceedings under Land Acquisition Act and award of compensation as per the present rate would put additional burden on exchequer. “Had the Revenue Department functionaries ensured strict adherence to the provisions of the Land Acquisition Act and made award within two years from the date of declaration under Section 6, this additional burden could have been avoided”, they said.
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