01Facts
The respondents’ land at Tetharka was acquired for a road.
¶ 1–5After an earlier acquisition initiated in 2014 was quashed for lapse under Section 11-B of the J&K Land Acquisition Act, 1990, the authorities commenced fresh proceedings by notification dated 2 November 2017.
¶ 1–5A declaration under Sections 6 and 7 followed on 22 February 2018, but the final award was not passed until 10 December 2021—more than two years later.
¶ 1–5The respondents challenged the proceedings, and the Writ Court held that they had lapsed, directed fresh acquisition under the 2013 Act, and awarded Rs. 6 lakh in costs.
¶ 1–5The UT appealed.
¶ 1–5The authorities argued that Section 17 urgency powers applied; the respondents contended that Section 11-B still applied because 80% of the estimated compensation had not been tendered or paid under Section 17-A.
¶ 6–702Issues
i.1. Whether the acquisition proceedings lapsed under Section 11-B despite the invocation of urgency powers under Section 17, where the requirement to tender or pay 80% of estimated compensation under Section 17-A was not met.
¶ 8–10ii.2. Whether, given the land’s public use and the history of the proceedings, the relief should be modified rather than requiring a third acquisition process, and how compensation should be assessed.
¶ 11–1603Law Applied
Section 11-B of the J&K Land Acquisition Act, 1990 requires an award to be made within two years from the relevant declaration; otherwise, the acquisition proceedings lapse.
¶ 9–10Sections 17 and 17-A permit possession to be taken urgently before a final award, but Section 17-A requires the Collector to tender and pay 80% of the estimated compensation before taking possession; invocation of Section 17 alone does not displace Section 11-B where that requirement is unmet.
¶ 9–10The Court also relied on M/s Delhi Airtech Services Pvt. Ltd. v. State of U.P., 2022 INSC 1086, and the decisions in Gulzar Ahmad Akhoon v. UT of J&K and UT of J&K v. Piaray Lal Tickoo in shaping the remedy where land was already in public use.
¶ 11, 15Provisions in the judgment · 9
Jammu and Kashmir Land Acquisition Act, 1990 (Svt.) 9 provisions
Section 4Section 6Section 7Section 9Section 9ASection 11Section 11BSection 17Section 17A04Reasoning
The declaration was issued on 22 February 2018 and the final award on 10 December 2021, beyond Section 11-B’s two-year period.
¶ 8–10Although the authorities had invoked Section 17, they had not tendered or paid 80% of the estimated compensation as required by Section 17-A; the urgency provision therefore did not prevent the proceedings from lapsing.
¶ 8–10However, because the land was already in public use and two rounds of acquisition had failed, the Court considered a third round contrary to the public interest and likely to delay compensation.
¶ 11–15It found no documentary evidence that possession had been taken in 2002 or 2003 and treated 9 January 2014—the date of the first Section 4 notification—as the relevant date for calculating statutory benefits, including interest.
¶ 11–1505Holding
The Court affirmed that the 2017 acquisition proceedings had lapsed but modified the remedy.
¶ 16–17It set aside the 10 December 2021 award insofar as it concerned the respondents and directed the Collector to make a fresh award for them alone, using 10 December 2021 as the date for determining market value and applying the compensation yardsticks under the 1990 Act.
¶ 16–17Statutory benefits, including interest, are to be calculated by reference to 9 January 2014; any compensation already received must be deducted.
¶ 16–17The respondents may seek enhancement from the date the fresh award is made and communicated.
¶ 16–17The Court awarded them Rs. 3 lakh in costs, shared equally, and disposed of the appeal.
¶ 16–17Original Court PDF
UT OF J AND K TH COMMISSIONER CUM SECRETARY REVENUE DEPARTMENTvsABDUL GANI AND OTHERS
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