SANT RAM Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners have filed this writ petition under Art. 32(2 -A) of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir for the issuance of a writ directing the Collector, respondent No. 2 to award compensation of the land belonging to the petitioners acquired by him by apportioning the amount of compensation according to circular dated 12 -8 -1965 published in the Government Gazette No. 20 of 1965 between the petitioners and respondents Nos. 3 to 6, or any other writ or direction as the court may deem appropriate in the circumstances of the case.

(2.) THE petitioners have averred that Kh. Nos. 202/78, 369/203/ 78 and 202 Min/79 measuring 28 kanals and 11 marlas situate in village Jakheni Tehsil Udhampur belonged to the petitioners and the respondent Nos. 3 to 6 are tenants and pay cash rent @ Rs. 18/ - per annum. The above mentioned land was acquired under the Jammu and Kashmir Land Acquisition Act, for the construction of grid station at Udhampur, and that a draft award was prepared by the Collector respondent No. 2. It was submitted to the Secretary to Government Revenue Department on 16 -8 -1969 for approval of the Revenue Minister who accorded his approval vide his No. Rev. (LA) 304/69. The award was announced on 15 -10 -1969. The total amount of compensation awarded was Rs. 69,406.25. Respondent No. 2 prepared apportionment statement of compensation which was to be treated as a part of the award announced on 15 -10 -1969 (vide annexure A). Respondent No. 2 however, omitted to apportion the amount of compensation between the petitioners (the landlords) and the respondents Nos. 3 to 6 (the tenants). The award as such is an incomplete document and could not be sustained. Reference under section 18 of the Land Acquisition Act in so far as it relates to the disputes regarding the apportionment could not be possible in the absence of a decision regarding apportionment. After the passing of the award when the petitioners approached the Collector respondent No. 2 with a request for the disbursement of the amount of compensation to them, the Collector offered to the petitioners only 18/73 shares of the total amount of compensation and 55/73 shares were offered to the tenants. The basis of the aforementioned apportionment even though unwritten was, according to respondent No. 2 the circular No. 3 dated 26th August 1969 issued on 8th September 1969 (vide annexure C). Before the issuance of the circular annexure C the relevant provision regarding apportionment was contained in the circular in the form of instructions dated 12 -8 -1965 published in the Government Gazette No. 20 of 1965. Para No. 3 of the aforementioned circular reads as under: -

(3.) IT is further averred that the draft award having been prepared and submitted by the Collector respondent No. 2 on 16 -8 -1969 the apportionment had to be done according to the provisions contained in the above mentioned circular which was in force at the time of the draft award and was superseded only by the circular of 1969. The apportionment as made in respect of the amount of compensation between the petitioners and the respondents 3 to 6 according to the circular No. 69 of 1969 is illegal and without jurisdiction. The circular of 1969 apart from being inapplicable to the case of the petitioners, is ultra -vires of the provisions of the Land Acquisition Act and amounts to an offensive piece of delegated legislation inter alia on the following grounds: -