Facts
The petitioner, a migrant from Srinagar, owned land in District Kupwara. In 2003, the Jal Shakti Department occupied 1 Kanal and 4 Marlas of his land for a water reservoir without formal acquisition
Source reference: p. 2-3Following a 2005 writ petition, the Court directed respondents to consider rent and compensation
Source reference: p. 3In 2013, respondents deposited ₹3,00,000 with the Collector, leading to the closure of contempt proceedings in 2018
Source reference: p. 3After fresh representations to the Governor’s Grievance Cell, a Private Negotiation Committee (PNC) enhanced the compensation to ₹4,78,000 on 05-02-2019
Source reference: p. 4The petitioner challenged this PNC decision and sought fresh acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act), alleging the PNC meeting was held without his knowledge and the amount was inadequate
Source reference: p. 4, 6Issues
1. Whether the petitioner can challenge the PNC proceedings and seek de novo acquisition under the RFCTLARR Act, 2013, after having participated in the process under the J&K Land Acquisition Act, 1990
Source reference: p. 4 / para. 72. Whether the RFCTLARR Act, 2013, applies retrospectively to acquisition proceedings initiated under the repealed J&K Land Acquisition Act, 1990
Source reference: p. 8 / para. 17Law Applied
The Court applied the J&K Land Acquisition Act, 1990 (Svt.), noting it is a self-contained code providing specific statutory remedies like references for enhanced compensation
Source reference: p. 8Section 24(1)(a) of the RFCTLARR Act, 2013, is inapplicable to acquisitions initiated under the J&K State Act of 1990
Source reference: p. 9Section 6 of the General Clauses Act, 1897, and the J&K Reorganisation (Removal of Difficulties) Order, 2019, save rights and liabilities under repealed laws, ensuring that proceedings initiated under the 1990 Act continue under that specific regime
Source reference: p. 9-10Reasoning
The Court found the petitioner’s claim of ignorance regarding the acquisition and PNC meeting to be "far-fetched" and a "calculated design" for unjust enrichment
Source reference: p. 6, 8Since the petitioner had been litigating the matter since 2005 and actively pursuing the claim through grievance cells, he was estopped from pleading ignorance of the 2019 notice and PNC meeting
Source reference: p. 7The Court reasoned that the acquisition was initiated and possession taken under the 1990 Act; therefore, the petitioner cannot circumvent the statutory scheme by seeking retrospective application of the 2013 Act
Source reference: p. 8Legal proceedings initiated under the repealed 1990 Act are preserved by the General Clauses Act and do not automatically transition to the 2013 Act
Source reference: p. 10The Court characterized the petition as a "gross abuse of process" intended to bypass time-barred statutory remedies
Source reference: p. 11Holding
The petitioner has no right to be compensated under the RFCTLARR Act, 2013, for proceedings concluded or initiated under the 1990 Act
The Court dismissed the writ petition and all connected applications, concluding that the petitioner’s attempt to reopen settled issues for financial gain was devoid of merit
Source reference: p. 11Original Court PDF
AUTAR KRISHAN DHARvsUNION TERRITORY OF J AND K AND OTHERS (REVENUE)
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