Construction of Bus Stand Banihal
Excelsior Correspondent
JAMMU, Apr 30: Division Bench of High Court comprising Chief Justice Pankaj Mithal and Justice Moksha Khajuria Kazmi has quashed the notifications issued by Collector Land Acquisition Banihal for acquisition of land for construction of Bus-Stand Banihal situated in village Devgole and Krawah.
The land owners through Advocate Irfaan Khan challenged the notifications issued by Collector Land Acquisition Banihal as the same have lapsed rendering the proceedings invalid. It was submitted that declaration under Section 6 of Jammu and Kashmir Land Acquisition Act was issued on 29-06-2011 for land measuring 13 Kanals 4 Marlas situated at village Devgole and Karwah and admittedly period of two years as provided under Section 11-B of Jammu and Kashmir Land Acquisition Act has expired from the date of declaration of intended acquisition and final award under Section 11 of Jammu and Kashmir Land Acquisition Act has not been made/ published within the statutory period as such the acquisition proceedings have automatically lapsed.
After hearing Advocate Irfaan Khan for petitioners and Senior AAG S S Nanda for respondents, the DB observed, “it is evident that no award has been made under Section 11 of the Act within a period of two years from the date of the declaration issued under Section 6 of the Act. There is no dispute to the date of declaration which happens to be 29.06.2011 and, therefore, period of two years has clearly expired but with no award”.
“We are of the opinion that the land acquisition proceedings have lapsed by virtue of Section 11-B of the Act and notifications issued under Sections 4 and 6 of the Act have lost all efficacy and have been rendered meaningless”, the DB said and accordingly quashed the notifications.
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