Abdul Salam Bhat And Others vs State Of J&K And Others

Sanjeev Kumar, J

CM No. 5051/2020

The present application is filed seeking dispensation of requirement of filing court free at present with the file in view of COVID-19.

For the reason stated in the application, the same is allowed and petitioner is directed to annex the requisite court fee with the petition within a period of one week after lifting the restrictions of COVID-19 by the Government.

CM is, accordingly, disposed.

WP(C) 1726/2020

Short grievance projected by the petitioners in this petition, is that the acquisition proceedings which were initiated under the Land Acquisition Act, Svt. 1990, have lapsed by the efflux of time and, therefore, neither the proprietary land of the petitioners can be taken possession of by the respondents nor any award qua the said land can be passed.

Having heard learned counsel for the petitioners and perused the record, I am of the view that the declaration in the instant case in terms of Section 6 of the Land Acquisition Act, was issued on 12th December 2017, and if no award has been passed by the Collector land Acquisition within a period of two years, then by operation of Section 11-B of the Act, the acquisition proceedings shall be deemed to have been lapsed. Reference in this regard is invited to the communication of Deputy Commissioner, Budgam, dated 18th May 2020, wherein this position stands admitted.

Be that as it may, a case for indulgence at this stage is made out. Notice to the respondents, returnable within a period of four weeks. Requisites within one week.

List along with WP (C) 1591/2020 on 20th November 2020. Meanwhile, subject to objections and till next date before the Bench, it is provided that in case the final award, qua the proprietary land of the petitioners has not been passed and if the petitioners are still in possession of their proprietary land, their position shall not be disturbed otherwise than in due course of law.