Allowed

Vijay Kumar and Others v. Union of India Th Secretary Ministry of Defence and Others

J&K HC9 Sept 2021WP(C)/1000/2021

Case brief

AI extract

What is this about?

The High Court of Jammu and Kashmir allowed a writ petition filed by landowners disputing delay in formal land acquisition. Directing immediate action from government officials to provide documents and complete acquisition proceedings within two months, the court discharged its duty to ensure prompt action.

What did the court decide?

Directing respondents to obtain necessary records from revenue authorities within two weeks and complete acquisition proceedings including obtaining sanction for compensation within two months thereaf

Vijay Kumar and Others Vs Union of India Th Secretary Ministry… — Land Acquisition | J&K HC (2021)

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Sr. No. 35

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HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU

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CJ Court

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Case: WP(C) No. 1000 of 2021

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Vijay Kumar and others

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.....Appellant/Petitioner(s)

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Through :- Sh. Rakesh Khajuria, Advocate

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v/s

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Union of India and others

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.....Respondent(s)

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Through :- Sh. Vishal Sharma, ASGI for R-1 to 3 Sh. S. S. Nanda, Sr. AAG for R- 4 to 6.

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Coram: CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

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Heard Sh. Rakesh Khajuria, learned counsel appearing for the petitioners and Sh. Vishal Sharma, learned Assistant Solicitor General of India as well as Sh. S. S. Nanda, learned Senior Additional Advocate General appearing for the respondents.

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It is the grievance of the petitioners that their lands, which are under requisition of the respondents for the last several decades on payment of meager rent, are not being formally acquired by the respondents by having resort to Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short, the Act of 2013) despite there being lot of correspondences between respondent Nos. 1 to 3 and respondent Nos. 4 to 6. It is submitted by the petitioners that their proprietary lands have been under the occupation of Indian Army for the last several decades on payment of meager rent which is, of course, revised from time to time. It is pleaded that respondent Nos. 1 to 3 in the year 1987 acknowledged

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2 WP(C) No. 1000/2021

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that the need of the lands belonging to the petitioners and others under requisition on rental basis was permanent and, therefore, it was desirable to formally acquire such lands in terms of the Land Acquisition Laws in force in the State of Jammu and Kashmir. Accordingly, the process was set in motion. Respondent Nos. 1 to 3 processed the case at different levels and ultimately, Ministry of Defence, Government of India accorded sanction to go for acquisition of these lands.

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As is rightly contended by learned counsel appearing for the petitioners that though, the process for placing indent with the Collector Land Acquisition was initiated long back, yet respondent Nos. 1 to 3 have shown no

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urgency in the matter and have taken decades to conclude the same. Respondent Nos. 1 to 3, it is contended, have, thus, deprived the petitioners of their legitimate right to fair compensation payable under the Act of 2013.

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Mr. Vishal Sharma, learned ASGI appearing for respondent Nos.

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1 to 3 has filed objections on their behalf and has reiterated the resolve of the respondents to formally acquire the land under the Land Acquisition Act applicable in the UT of Jammu and Kashmir. He, however, submits that respondent Nos. 1 to 3 have taken up the matter with respondent Nos. 4 to 6, particularly, the Deputy Commissioner, Udhampur for providing them requisite documents like Khasra plan, Girdawari, Jamabandi, Missal Haqeeqat etc. for finalization of Board’s proceedings for recommending the case of acquisition, so that the sanction from the competent authority could be obtained for the lands recommended by the Board as per the Government rates. It is submitted that respondent Nos. 1 to 3 are waiting the response of the revenue authorities and as soon as they receive the requisite information, the matter shall be

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3 WP(C) No. 1000/2021

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processed and a formal indent for acquisition of the lands shall be placed before the Collector Land Acquisition.

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Having heard learned counsel for the parties and perused the record, we are of the view that given the nature of relief prayed for, this writ petition deserves to be disposed of at this stage. Accordingly, with the consent of learned counsel for the parties, this writ petition is admitted to hearing and the learned counsel for the parties heard in the matter.

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Indisputably, the lands belonging to the petitioners are under the occupation of respondent Nos. 1 to 3 for the last several decades on payment of rent. Requisition of property under the Requisitioning and Acquisition of Immovable Property Act is resorted to only when the land is required for temporary purpose. In the instant case, the lands belonging to the petitioners are under occupation of respondent Nos. 1 to 3 for several decades and the respondents have themselves admitted that the need of these lands is permanent and, therefore, these lands are required to be formally acquired. There is no dispute that the respondents have acted in this direction and have even obtained the requisite sanction from the competent authority to acquire these lands. However, the pace with which the respondents are moving is far from satisfactory. The respondents, if one may say, are proceeding at snail’s pace and this is at the cost of the petitioners. Be that as it may, the respondents cannot be permitted to slumber over the matter and need to act with promptitude and without any further waste of time.

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This writ petition is, therefore, disposed of by directing as under:

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(i) Respondent Nos. 1 to 3 shall, within a period of two weeks from today, convey to the revenue authorities of the UT of

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4 WP(C) No. 1000/2021

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J&K to provide them the requisite record like Khasra plan, Girdawari, Jamabandi, Missal Haqeeqat etc. The Deputy Commissioner, Udhampur shall respond to the request of respondent Nos. 1 to 3 within a period of two weeks from the date of receipt of such request and;

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(ii) Respondent Nos. 1 to 3, after having received the requisite documents from the Deputy Commissioner, Udhampur, shall proceed in the matter and place the matter before the Board for requisite decision. They shall do well to complete the whole exercise including obtaining sanction from the competent authority for release of requisite amount for payment of compensation for the lands proposed to be acquired and also placing formal indent with the concerned Collector, Land Acquisition within a period of two months thereafter. The Collector Land Acquisition, on receipt of indent, shall immediately proceed with the acquisition proceedings strictly in accordance with law in force.

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With the aforesaid observations/directions, this writ petition is

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disposed of.

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(RAJNESH OSWAL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

CHIEF JUSTICE

JAMMU

09.09.2021 Paramjeet

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

Vijay Kumar and Others v. Union of India Th Secretary Ministry of Defence and Others

Case brief

What is this about?

What did the court decide?

Vijay Kumar and Others v. Union of India Th Secretary Ministry of Defence and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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