Srinagar- The High Court of Jammu & Kashmir and Ladakh has asked the Government counsel to assist the court about applicability of the previous order passed by HC division bench on October 28th 2021 wherein court had directed the Collector land acquisition Pulwama to initiate land acquisition proceedings around Islamic University of Science and Technology (IUST) Awantipura under the central act (Right to Fair compensation act).
The division bench of Justice Ali Mohammad Magrey and Justice Mohan Lal in an order passed on Thursday sai:
“When this matter was taken up for consideration, learned counsels appearing for the petitioners made reference to the Judgment passed by the Coordinate Bench of this Court in lead case bearing WP(C) No. 1993/2019 along with connected matters on 28.10.2021 and submit that the subject is squarely covered by the said Judgment. Let a copy of the judgment be furnished to other side, who shall assist the Court about the applicability of the Judgment “
The court meanwhile ordered that construction work on Srinagar Ring Road should not be stalled subject to the decision in the writ petitions qua application of the Judgment for entitlement of the compensation.
The order further reads :
“The project work shall not be stalled. The respondents shall proceed in the construction of ring road by utilizing the land, which will be subject to the decision rendered by this Court”
As the matter came up, counsels appearing for the petitioners Advocate Shafqat Nazir , Mohammad Maqbool Dar , Shuja ul Haq made reference to the Judgment passed by a coordinate Bench of the Court on October 28 last year in a case (WP(C) No. 1993/2019) and submitted that the subject is squarely covered by the Judgment.
In the said order bench of Chief Justice Pankaj Mittal and Justice Vinod Chatterji Koul had observed that as only the notifications to acquire the land were issued by Government under the provisions of J&K Land Acquisition Act 1934 , samvat 1990 in 2017 and then no awards were prepared (compensation) under Section 11 of the Act, therefore, the compensation was liable to be determined in accordance with the provisions of the New Act (Right to Fair Compensation Act 2013) as the same became applicable to the UT of J&K with effect from 31.10.2019.
“However, as the compensation has been determined by an award dated 20.02.2020 passed under Section 11 of the previous Act without referring or applying any of the provisions of the New Act, the award dated 20.02.2020 is clearly in conflict with Section 24 (1) (a) of the New Act “ reads the High Court order dated 28.10.2021
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