J&K Land Acquisition Act | Collector Has No Power To Recall Or Review Compensation Award: High Court

The Jammu and Kashmir and Ladakh High Court has held that once an award has been made under Section 11 of the State Land Acquisition Act, 1990 the same is final and binding on the parties. The Collector has no authority to recall or review an award after it has been passed, it clarified.

A bench comprising Justices Sanjeev Kumar and Justice Rajesh Sekhri made these observations while hearing petitioners who had called in question the order of Collector Land Acquisition (SDM), Gandoh whereby the payment made in favour of the petitioners in terms of final award was sought to be recovered from the petitioners.

The case arose when one Mohd Amin Shah claimed that the land acquired for the construction of one abutment of the bridge was actually located in his khasra, and not in the khasra of the petitioners. The Collector Land Acquisition, Gandoh ordered a fresh demarcation of the land, and found that Shah was correct.

The Collector then ordered the petitioners to refund the compensation they had been paid, as the land had not been actually utilized for the construction of the bridge. The petitioners challenged the order in the High Court in the instant petition.

After hearing arguments from both sides and examining the relevant provisions of the State Land Acquisition Act, 1990, the court observed that once the Collector passes the final award and files it in the office, it becomes final and conclusive evidence of the true area, land value, and compensation apportionment.

The court found no provision in the Act allowing the Collector to recall or review the award or issue directions for payment or recovery of compensation contrary to the final award.

However the court clarified that if the possession of land acquired has not been taken over, the competent Authority may withdraw from and de-notify the acquisition.

Observing that the impugned order is also unsustainable as it is issued without providing an opportunity of being heard to the petitioners, the court added that the petitioners who had already received compensation for their acquired land could not be forced to refund it.

Furthermore, the bench directed the respondents to take appropriate action against Mohd Amin Shah's proprietary land, if any, which had been utilized for the construction of the abutment. Alternatively, the respondents were advised to negotiate privately with Shah and disburse him the compensation for his land.

Additionally, the court also said that any unutilized acquired land, which remained vested in the state, could be taken possession of if encroached upon or reoccupied by the petitioners and the same could be put to beneficial use or disposed of if necessary.

Case Title: Mohd Sharief and others Vs State of J&K.

Citation: 2023 LiveLaw (JKL) 163

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