HC stays land acquisition in Budgam

The High Court has directed the government not to disturb the position of the petitioners if they are in possession of the land which is coming under the alignment of ring road project in District Budgam.

While hearing a petition by some aggrieved residents of village Wathoora, a bench of Justice Sanjeev Kumar held, “In case the final awards qua the propriety land of the petitioners has not been passed and if petitioners are still in possession of their propriety land, their position shall not be disturbed otherwise than in due course of law.”

The petitioners have challenged the order of the Financial Commissioner Revenue wherein he had accorded approval in August this year to the award passed by Collector Land Acquisition Budgam for acquiring land in several villages of Budgam including in Wathoora village.

The  petitioners through their counsel Shafqat Nazir submitted before the Court that Financial Commissioner Revenue had approved the award after issuance of notification under section 4 and 6 of J&K Land Acquisition Act 1934 (now repealed) as the same was to be approved within 2 years only as per section 11-B of the act.

The petitioners contended that they had not received any compensation from the government and were in possession of the land. “Thus the government was to issue a fresh notification under central law (Right to Fair compensation act) which is applicable in J&K from October 31, 2019,” they said.