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JKLR-Part(IV) OWP 639/2000 Back To Index |
(2001)
1 J & K LAW REPORTER
438 SIAN DASS
& ORS.
Petitioners OWP
639 / 2000, decided on 24.1.2001.
J&K Land Acquisition Act, Svt.1990 (1934 AD) SS 4, 6, 7, 46 - Proceedings for
acquisition of land initiated - Subsequently the authority withdraws from the acquisition
- Whether petitioners entitled to some compensation - Held : Yes.
... as a notification under section 4 of the Land Acquisition Act came to be issued
and as the petitioners were not in a position to sell the land, therefore, they have
suffered loss. It is submitted that in view of the provisions of section 46 of the J&K
Land Acquisition Act the petitioners are entitled to some compensation...
There is merit in this limited submission. The petitioner may if so advised lodge a
claim in terms of section 46 of the aforementioned Act, otherwise the competent authority
dealing with the acquisition would pass appropriate orders in terms of section 46 within a
period of three months from the date copy of this order is made available by the
petitioner to the respondent authorities and also to the counsel who has put in appearance
today on behalf of the respondents.
[Paras
2, 3] Advocates
who appeared in this case : JUDGMENT AND ORDER
It is not in dispute that proceedings were initiated under the Land Acquisition Act
( hereinafter referred to as the Act). Notification was issued under section 4 of the Act
on 23 of March 1998. Further notifications were also issued under sections 6 and 7 of the
aforementioned Act. Later on the department for whose benefit acquition was being made
vide communication dated 10.7.99 informed the Assistant Comissioner Collecter Land
Acquisition Rajouri that the land is not required. This is apparant from the stand taken
by the respondents, in para ‘C’ of the objections. This para is being reproduced
below : “That
after the award was issued the indenting department vide communication dated 10.7.99
informing the Assistant Commissioner Collecter Land Acquisition Rajouri that the land
acquired is not required for establishment of AO,SAO/CO office SSB Rajouri due to certain
administrative and financial reasons. The copy of the communication is enclosed herewith
and marked as annexure R/1.”
The learned counsel for the petitioner submits that as a notification under section
4 of the Land Acquisition Act came to be issued and as the petitioners were not in a
position to sell the land, therefore, they have suffered loss. It is submitted that in
view of the provisions of section 46 of the J&K Land Acquisition Act the petitioners
are entitled to some compensation. For facility of reference this section is being
reproduced below : “
46.
Completion of acquisition not compulsory but compensation to be awarded when not
completed. (1) Except in the case
provided for in section 36, the Government shall be at liberty to withdraw from the
acquisition of any land of which possession has not been taken. 2.
Whenever the Government withdraws from any such acquisition, the collector shall determine
the amount of compensation due for the damage suffered by the owner in consequence of the
notice or of any proceedings thereunder and shall pay such amount to the person interested
together with all costs reasonably incurred by him in the prosecution of the proceedings
under this Act relating to the said land. 3.
The provisions of may be to the determination of the compensation payable under this
section.”
There is merit in this limited submission. The petitioner may if so advised lodge a
claim in terms of section 46 of the aforementioned Act, otherwise the competent authority
dealing with the acquisition would pass appropriate orders in terms of section 46 within a
period of three months from the date copy of this order is made available by the
petitioner to the respondent authorities and also to the counsel who has put in appearance
today on behalf of the respondents.
Disposed of accordingly. ......... |
