Excelsior Correspondent
SRINAGAR, Feb 25: High Court has directed the National Highway Authority of India (NHAI) to restore the possession of land to the owners which has been taken away without proper acquisition process or submit the indent for acquisition to the concerned Collector for acquisition process.
Justice M A Chowdhary was hearing plea of land owner-Mohammad Sadiq who claims to be the owner of 2 Kanals and 11 Marlas as recorded to be occupied by Central Public Works Department (CPWD) without initiating acquisition proceedings for the purposes of future widening of Jammu-Pathankot National Highway as is clear from the revenue record.
The petitioner made an application before the Deputy Commissioner (Collector) regarding compensation of the land in which some reports were called and which made it abundantly clear that the land of the petitioner has been utilized, for widening of the National Highway by CPWD without initiating any acquisition proceedings and without paying any compensation to him.
“The NHAI is directed to submit an indent for acquisition of the land in question to the Collector/Competent Authority, or in the alternative, restore the possession of the subject land to the land owners, within a period of six weeks”, Justice Chowdhary directed.
The court directed that the Collector /Competent Authority on receipt of indent from NHAI shall proceed in accordance with the applicable law pertaining to acquisition of land and conclude the same, in accordance with timeline provided under the relevant statute.
“It is very strange that the land owners including the petitioner, were deprived of their landed estate without resorting to the law of the land i.e., either to acquire land in terms of Land Acquisition Act which was in vogue at that point of time or through private negotiations” the court said.
“The respondents are found to have been in possession of the land, for the last more than 70 years now, which is not permissible for the simple reason that right to hold property was initially a fundament right, as per Constitution of India as well as the Constitution of J&K and even now is also a constitutional and human right under Article 300- A of the Constitution of India. The land owners cannot be divested of their property without following due course of law,” the court said.
The case of the land owner is that the respondents have occupied the land of his forefathers without any authority under law. At best, the respondents could have resorted to compulsory acquisition but that too a right to have compensation at the present market value is an indivisible right, which cannot be denied by the respondents.
The court has been informed that the Deputy Director (P) Public Works Department vide communication dated 11.10.2010 conveyed the approval of the Administrative Department, for taking over the road Kunjwani Byepass to Satwari Chowk from Central Public Works Department (CPWD) by the Chief Engineer, R&B for improvement and widening/four lane of the road, since then the aforesaid road is under the possession, control and management of Chief Engineer, PW(R&B).
The admitted case of the petitioner is that his land was kept for future widening of the road and so after taking over the said road by the Chief Engineer, R&B from CPWD, the CPWD has nothing to do with the land of the petitioner, as such, the instant petition be dismissed accordingly.
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