Kanoon Ki Dastak
Jammu, April 7, 2025 — In a significant ruling, the High Court of Jammu & Kashmir and Ladakh has held that land acquisition proceedings under the erstwhile J&K Land Acquisition Act will lapse if the final award is not passed within two years of the declaration made under Sections 6 and 7 of the Act.
Justice Sanjay Dhar delivered the judgment while allowing a writ petition filed by Abdul Gani and another, who challenged the acquisition of their land in Village Thuroo, Tehsil Thuroo, District Reasi. The petitioners contended that although a declaration for acquiring their land was issued on February 23, 2017, no final award had been passed by the Collector within the statutory period of two years.
The court observed that Section 11-B of the J&K Land Acquisition Act clearly mandates the Collector to make an award within two years of the publication of the declaration, failing which the entire acquisition proceedings lapse. As there was no court-ordered stay in this case, and the delay was attributed to lack of funds, the court ruled that the proceedings stood lapsed.
The government’s argument, citing the Supreme Court’s ruling in Bharat Petroleum Corporation Ltd. vs. Nisar Ahmed Ganai, was rejected by the High Court. Justice Dhar clarified that the BPCL case was not applicable as the declaration in that case had not been issued, whereas in the present matter it had been issued and the statutory period had long expired.
The court quashed the impugned notifications dated June 18, 2015, and February 23, 2017, and directed the authorities to initiate fresh acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The entire process is to be completed within six months from the date a certified copy of the judgment is made available to the respondents.