Court Quashes Order Dismissing Compensation Application, Directs Fresh Reference to Principal District Judge
In a significant decision, the Jammu and Kashmir High Court has quashed an earlier order that rejected a compensation application filed by Ghulam Mohammad Rah and others, directing the Collector to treat the petitioners' application as valid under Section 18 of the Land Acquisition Act, 1990. The case revolves around the acquisition of land by the Pahalgam Development Authority without due notice to the landowners and subsequent non-payment of compensation.
The petitioners, represented by Advocate Mr. J. H. Reshi, contended that the land measuring over 10 kanals was acquired without their knowledge, and no compensation was paid despite a formal award passed in 1982. The petitioners had sought an alternate land arrangement, which was not fulfilled, leading them to pursue legal action. The court, presided over by Justice Javed Iqbal Wani, noted that the respondents had failed to pay the compensation, causing a delay in the petitioners' application under Section 18 for judicial determination of compensation.
The High Court found that the petitioners were not duly informed about the compensation award and had not received the compensation either voluntarily or under protest, a prerequisite for invoking Section 18. The court emphasized the importance of natural justice principles and the statutory rights of landowners under the Land Acquisition Act, 1990.
Justice Wani ordered the Collector to reconsider the application dated November 15, 2023, and make a reference to the Principal District Judge, Anantnag, for determination of the compensation. The court set aside the impugned order dated July 1, 2023, and directed the respondents to complete this process within six weeks from the service of the judgment.
This ruling underscores the judiciary's role in safeguarding landowners' rights and ensuring fair compensation practices in land acquisition cases.
Bottom Line:
Land Acquisition Act, 1990 - Application under Section 18 of the Act for reference to Civil Court for determination of compensation - Delay in filing application due to non-payment of compensation by respondents - Collector directed to treat the application dated 15.11.2023 as an application under Section 18 and make reference to Principal District Judge for determination of compensation.
Statutory provision(s):
Land Acquisition Act, 1990 Sections 18, 32
Ghulam Mohammad Rah v. UT Of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc id # 2861627
