AZIZ MURTAZA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners have sought a direction upon the respondents for payment of compensation in respect of 07 marlas of land comprised in Khasra Nos.557 and 558 situated at Qasba Bagat, Anantnag, which has been utilised by the respondents for construction of Chee-Anantnag road. An alternative prayer has been made by the petitioners that in case compensation is not paid to him, the respondents be directed to surrender possession of the aforesaid land in their favour. Besides this, the petitioners have also sought a direction upon the respondents to pay mesne profits for illegally occupying the aforesaid land for more than 37 years.

(2.) The facts emanating from the pleadings of the parties reveal that land acquisition proceedings in respect of land measuring 08 kanals 10 marlas in four villages i.e., Sarnal, Anchidora, Qasba Baghat and Khanabal, for construction of Qazibagh-Chee road, were initiated. The petitioners claim to be the owners of land measuring 16 marlas out of the aforesaid land which is comprised in Khasra Nos.557-min, 558-min, 1014/829/570 and 1014/829/570-min situated at Qasba Bhaghat, Anantnag. Notification under Sec. 4 of the Jammu and Kashmir Land Acquisition Act (hereinafter referred to as 'the Act') was issued on 4/12/1980, whereafter declaration under Ss. 6 and 7 of the Act was issued on 18/3/1981. Notifications under Sec. 9 and 9-A of the Act were issued on 20/8/1981. During acquisition proceedings, R&B Department changed alignment of the road and, as such, a corrigendum was issued to all the aforesaid notifications. The acquisition proceedings were not taken to its logical conclusion for a long time and ultimately award came to be published by the Collector Land Acquisition, PWD, Anantnag, on 26/9/2001. On 4/12/2001, a communication came to be issued by Deputy Commissioner, Anantnag, to the Collector Land Acquisition, by virtue of which the Collector was asked to withdraw award dtd. 26/9/2001 in respect of the land in question keeping in view the provisions of Sec. 11-B of the Act.

(3.) The aforesaid communication dtd. 4/12/2001 was challenged by the petitioners by way of writ petition bearing OWP No.63/2003. The said writ petition was dismissed by this Court in terms of order dtd. 10/7/2007. While doing so, this Court held that the award in the present case has been made beyond the period as fixed by Sec. 11-B of the Act and, therefore, the entire proceedings for acquisition of the land lapsed, as such, the Collector was not competent to make any award under any provision of the Act.