Collector Must Act on Pending Land Acquisition Reference Application Within Two Weeks

The petitioners, landowners of Wathoora, challenged aspects of a fresh composite land-acquisition award issued on 27 November 2025, including the compensation rate, calculation of compensation and interest, recorded land extent, and amounts for trees and crops.

They also objected to the exclusion of certain co-sharers and asserted that they had not received notice of the award.

After obtaining a certified copy in May 2026, they applied to the Collector on 22 May 2026 for a reference concerning compensation and apportionment to the competent Civil Court.

Alleging that the Collector had not acted on the application, they sought a direction requiring him to make the reference

Whether the Collector should be directed to deal with the petitioners’ pending application seeking a reference of the land-acquisition matter to the competent Civil Court

Whether the writ petition could be disposed of at the threshold by directing the Collector to act on that application in accordance with law

The petitioners invoked Section 18 of the Jammu and Kashmir Land Acquisition Act, Samvat 1990, corresponding to Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as the basis for seeking a reference to the competent Civil Court

The Court did not determine the merits of the compensation or apportionment objections, or set out a substantive interpretation of either provision; it directed the Collector to deal with the pending application in accordance with law

The Court treated the immediate grievance as the Collector’s failure to act on the application for a reference, rather than as a matter requiring adjudication of the disputed award issues.

Because the application was pending and the requested action was described as arising from the Collector’s statutory obligation, the Court considered that it could issue a direction at the threshold without prejudicing the respondents.

It therefore ordered the Collector to deal with the application in accordance with law, without deciding whether a reference must ultimately be made or resolving the petitioners’ substantive objections to the award.