Court rules substantial compliance with J&K Land Acquisition Act, dismisses earlier writ petitions challenging the acquisition process.
In a significant development, the Jammu and Kashmir High Court has validated the land acquisition process for the Islamic University of Science and Technology (IUST), Awantipora, reversing an earlier decision that had nullified the proceedings. The Division Bench, comprising Justices Sanjeev Kumar and Sanjay Parihar, pronounced their judgment on May 21, 2026, allowing the review petition filed by the Union Territory of Jammu and Kashmir.
The case revolved around the acquisition of 46 kanals and 12 marlas of land required for expanding the infrastructure of IUST, Awantipora. The acquisition process initiated in 2017 was challenged by the landowners, leading to a previous court ruling that declared the acquisition null and void due to procedural lapses, particularly concerning the publication of the preliminary notification.
The High Court, while examining the review petition, focused on whether there was substantial compliance with Section 4(1) of the J&K Land Acquisition Act, Samvat 1990. The court observed that despite the notification not being published in the regional language, the interested parties were adequately informed through other means, including affixing notices in the locality and informing villagers through local officials. The court noted that some landowners had indeed filed objections, demonstrating awareness of the acquisition process.
The court emphasized that the modes of publication prescribed under the Act are mandatory to ensure adequate notice to interested persons. However, it ruled that substantial compliance is sufficient if it is demonstrated that the parties were aware of the notification and had an opportunity to object, as was the case here.
The court's decision aligns with the Supreme Court's earlier judgment, which had granted the petitioners liberty to seek a review. The Supreme Court had quashed the previous ruling concerning the compensation award but left the issue of notification publication to be reconsidered by the High Court.
The High Court's ruling reaffirms the validity of the acquisition process, dismissing the writ petitions filed by the respondents. This decision paves the way for the continuation of the development projects at IUST, ensuring the expansion of educational infrastructure in the region.
Bottom line:-
Substantial compliance with Section 4(1) of the J&K Land Acquisition Act, Samvat 1990, pertaining to publication of preliminary notification is sufficient to validate acquisition proceedings if it is demonstrated that interested persons were aware of the notification and some of them even filed objections.
Statutory provision(s): J&K Land Acquisition Act, Samvat 1990 Section 4(1), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(1)(a)
