Jammu and Kashmir High Court Revives Land Acquisition Reference for Prichoo Pulwama Villagers

Court Orders Reconsideration of Dismissed Land Compensation Reference, Emphasizing the Validity of Pre-Award Applications

In a significant development for the residents of Prichoo Pulwama, the Jammu and Kashmir High Court, Srinagar Bench, has overturned a previous dismissal by the Principal District Judge, Pulwama, regarding a land acquisition reference. The case involved the acquisition of land for a new court complex, where the compensation rate had been contested by the affected villagers.

The controversy began when the Collector Land Acquisition, Pulwama, issued a tentative award on August 19, 2013, fixing the compensation at Rs.10 lakhs per Kanal plus 15% Jabrana. This tentative award, although not formally recognized under the J & K Land Acquisition Act, 1990, led to the disbursement of 80% of the assessed compensation to the villagers. The villagers, dissatisfied with the compensation rate, filed objections on March 5, 2014, well before the final award was made on July 2, 2014.

Despite their early objections, the Principal District Judge dismissed the reference on June 17, 2023, citing procedural issues, notably the absence of a formal objection post-final award. However, the High Court, led by Justices Sanjeev Kumar and Sanjay Parihar, recognized the villagers' initial application as valid, given that the final award's compensation rate mirrored the tentative one.

The High Court's decision emphasized a pragmatic approach, focusing on the continuity of the villagers' protest against the compensation rate and the unchanged nature of the final award. It instructed the Reference Court to reconsider the case on its merits, thus reinstating the villagers' quest for fair compensation.

Bottom Line:

Land Acquisition - Application for reference under Section 18 of the J & K Land Acquisition Act, 1990 - Application filed prior to final award being passed can be treated as valid for reference if the rate of compensation fixed in the final award remains unchanged from the tentative award.

Statutory provision(s): J & K Land Acquisition Act, 1990, Section 18, Section 11

Inhabitants of village Prichoo Pulwama, Abdul Khaliq Nengroo v. Collector Land Acquisition Pulwama, (Jammu And Kashmir)(Srinagar)(DB) : Law Finder Doc Id # 2817768