Land Acquisition Proceedings Lapse If Award Is Not Passed Within 2 Years Of Declaration Being Made: J&K High Court

The Jammu and Kashmir High Court held that if no award is passed within two years after the declaration is made, the entire land acquisition proceedings shall stand lapsed unless stayed by the court.The petitioner had challenged the proceedings on the ground that his land was acquired for public purpose but no final award was passed vitiating the entire acquisition proceedings.A bench of Justice Sanjay Dhar directed respondents to initiate fresh acquisition proceedings of the land in question under the provisions of the Act of 2013 forthwith and also directed them to complete the acquisition proceedings within a period of six months after receiving the certified copy.The respondent argued that The land was used for road construction and a draft award was prepared but the final award was delayed due to lack of funds, not inaction.The respondent relied on the Supreme Court judgment in Bharat Petroleum Corporation Ltd. vs. Nisar Ahmed Ganai, arguing that the acquisition could still be continued under the old Act.The court held that The Bharat Petroleum case did not apply, as the ratio of the case dealt with pre-declaration stage, whereas in the present case, Section 6 declaration had already been issued.The court said it was not in dispute that final award has not been passed and it was only in that particular case wherein the proceedings are stayed by the court that such period of stay is not counted for calculating the period of 2 years. The court added that the present case was not falling under the above exemption therefore the entire acquisition proceedings were liable to be quashed and fresh proceedings initiated.BACKGROUND:The petitioners, Abdul Gani and another, are owners of 6 Kanal 6 Marlas of land at Village Thuroo, District Reasi. In 2015, the land was notified for acquisition to build a road to a Degree College sanctioned in Dharmari.The government issued a notification under Section 4 of the J&K Land Acquisition Act on 18.06.2015,Followed by a declaration under Sections 6 and 7 on 23.02.2017. However, the final award was never issued, and no compensation was paid, though the land was used for the road.APPEARANCE Irfaan Khan, Nauman Yaseen Khan, Advocate For PetitionerMs. Monika Kohli, Sr. AAG, Ravinder Gupta, AAG. For RespondentsCase-Title: Abdul Gani and another vs UT of J&K, Citation: 2025 LiveLaw (JKL) 154Click Here To Read/Download Order

Land Acquisition Proceedings Lapse If Award Is Not Passed Within 2 Years Of Declaration Being Made: J&K High Court

Aleem Syeed

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