MUSHTAQ AHMAD PAUL Vs. U.T. OF J&K

JUDGEMENT

(1.) The present application is filed seeking dispensation of requirement of filing court fee at present with the file in view of the Covid-19. For the reasons stated in the application, the same is allowed and petitioners are 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.

(2.) Short grievance projected by the petitioner 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 petitioner can be taken possession of by the respondents nor any award qua the said land can be passed.

(3.) Having heard learned counsel for the petitioner 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.