AB. GANI AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) There is no representation on behalf of the respondents. However, objections on behalf of Respondent Nos. 1 to 4 have been filed.

(2.) The case demonstrated by the learned counsel for the petitioners, precisely, is that the acquisition proceedings commenced by virtue of Notification under Section 4 Sub-Section (1) of the Jammu and Kashmir Land Acquisition Act, 1990 Svt. (for short, the Act) dated 25.06.2013 have not been completed as the final award has not been passed till date so the proceedings are liable to be quashed, having elapsed in terms of Section 11-B of the Act.

(3.) It is admitted by the respondent Nos. 1 to 4, including the concerned Collector, that Notification under Section 4 (1) of the Act was issued on 25.06.2013, declaration under Sections 6 and 7 on 04.02.2014 and Notification under Sections 9 and 9-A on 03.03.2014. Tentative Award was passed on 27.08.2014. It is, however, denied that up to the time of filing of the objections on 16.05.2017, the final award was made. Section 11-B of the Act provides that the Collector shall make an award under Section 11 within a period of two years from the date of publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of land shall lapse. The explanation to Section 11-B provides further that in computing the period of two years referred to in this section, the period during which any action or proceedings to be taken in pursuance of the said declaration is stayed by an order of a court, shall be excluded.