Srinagar: High Court of J&K and Ladakh on Saturday allowed the government to proceed with the construction of a ring road around Srinagar City.
Hearing a batch of petitions related to land acquisition for the project, a division bench of Justice Ali Muhammad Magrey and Justice Mohan Lal said: “The respondents (government) shall proceed in the construction of ring road by utilizing the land, which will be subject to the decision rendered by this Court”.
As the matter came up, counsels appearing for the petitioners made reference to the Judgment passed by a coordinate Bench of the Court on October 28 last year in a case (WP(C) No. 1993/2019) and submitted that the subject is squarely covered by the Judgment.
While the court ordered for furnishing a copy of the judgment to other side, who shall assist the court about the applicability of the same, it said: “Subject to the decision in the writ petitions qua application of the Judgment for entitlement of the compensation, the project work shall not be stalled.”
Additional Advocate General M A Chashoo represented the government in the case.
Several persons from Wathora Budgam and others have filed the petitions against the notification dated 18.3.2017 for land acquisition issued by Collector Land Acquisition (ACR), as also notification whereby concerned Tehsildar has been directed to take possession of the land after fulfilling the conditions provided under law.
“The process has been delayed and acquisition proceedings have lapsed due to delay,” the petitioners say.
The petitioners are seeking the intervention of the Court for issuance of a fresh notification under Central Act (Right to Fair Compensation law) which has been extended to J&K post article 370 abrogation.
They contend that during the pendency of the proceedings, the status of the state of J&K changed and ‘reorganization order’ was issued in October 2019.
While petitioners plead that they are entitled to compensation under the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, they pray for initiation of fresh acquisition proceedings as per the new law.