Construction of Bus Stand Banihal: HC quashes land acquisition notifications
STATE TIMES NEWS
JAMMU: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Pankaj Mithal and Justice Moksha Khajuria Kazmi quashed land acquisition notifications issued by Collector Land Acquisition Banihal for acquisition of land for construction of Bus-Stand Banihal situated in village Devgole and Krawah, Tehsil Banihal District Ramban. The land owners through Advocate Irfaan Khan challenged notifications issued by Collector Land Acquisition Banihal as the same have lapsed rendering the proceedings invalid.
Advocate Irfaan Khan submitted that declaration under section 6 of Jammu and Kashmir Land Acquisition Act, Samvat 1990 was issued on June 29, 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, Samvat 1990 has expired from the date of declaration of intended acquisition and final award u/s 11 of Jammu and Kashmir Land Acquisition Act, Samvat 1990 has not been made/ published within the statutory period as such the acquisition proceedings has automatically lapsed.
Division Bench, after hearing Advocate Irfaan Khan for petitioners and S S Nanda Sr AAG for respondents, observed that 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 June 29, 2011 and, therefore, period of two years has clearly expired but with no award and held that we are of the opinion that the aforesaid land acquisition proceedings have lapsed by virtue of Section 11-B of the Act and the aforesaid notifications issued under Sections 4 and 6 of the Act have lost all efficacy and have been rendered meaningless. The said notifications are accordingly, quashed insofar as the land of the petitioners is concerned,” the Court directed.
