S.No. 10
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No. :- WP (C) No. 1283/2021
CM No. 5248 & 5249 of 2021
Lekh Raj & Ors. ….. Petitioner(s)/Appellant(s)
Through: Mr. B R Manhas, Advocate
Vs
UT of J & K & Ors.
.…. Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG
Mr. Ravinder Gupta, AAG
Coram: WASIM SADIQ NARGAL, JUDGE
HON’BLE MR. JUSTICE
ORDER
31.07.2024
1. The short submission which has been advanced by learned
counsel for the petitioners is that the respondents without
following due process as envisaged under Right to Fair
Compensation & Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (hereinafter to be
referred to as ) are conducting the survey of the
“The Act”
land of the petitioners in question which is not permissible
under law.
2. Learned counsel for the petitioners has placed reliance on
Section 12 of the Act, a perusal whereof would reveal that for
the purposes of enabling the appropriate Government to
determine the extent of land to be acquired, it shall be lawful
for any officer, either generally or specifically authorized by
such Government in this behalf, and for his servants and
workmen. Clauses (a) to (e) of Section 12 of the Act provides
2 WP (C) No. 1283/2021
that no act under clauses (a) to (e) in respect of land shall be
conducted in the absence of the owner of the land or in the
absence of any person authorized in writing by the owner. It
is also provided that the acts specified under the first proviso
may be undertaken in the absence of the owner, if the owner
has been afforded a reasonable opportunity to be present
during the survey, by giving a notice of at least sixty days
prior to such survey.
3. Mr. Manhas, further submits that neither any notice with
regard to the survey of the land in question has been issued
to the petitioners nor any opportunity of being heard within
a time period specified under the provisions of law has been
granted to the petitioners till date.
4. Per contra, learned counsel for the respondents submits that
the petitioners are not allowing the Government officials to
conduct the survey and this is precisely the reason that the
proceedings could not be brought to the logical conclusion.
5. Heard learned counsel for the parties at length and perused
the material available on record.
6. Since, the innocuous prayer has been made by the
petitioners that the procedure as laid down under Section 12
of the Act is not being followed by the respondents in its
letter and spirit, this Court deems it appropriate to dispose
of the instant writ petition at this stage, by directing the
respondents to provide an opportunity of being heard to the
petitioners within a period prescribed under Section 12 of
3 WP (C) No. 1283/2021
the Act before conducting any survey. Subject to notifying
the date to the petitioners in advance, the respondents are at
liberty to proceed in accordance with law with respect to the
survey of the land in question, as the respondents are under
legal obligation to follow the procedure envisaged under the
Act in case if they intend to acquire the land of the
petitioners in question. However, this direction is confined
only to the petitioners in the instant case.
7. In the aforesaid backdrop, nothing remains to be adjudicated
in the instant petition, and accordingly, the same is
disposed of along with connected CMs, if any, in the
manner indicated above.
(Wasim Sadiq Nargal)
Judge
JAMMU
31.07.2024
Manan
Manan Mahajan
2024.08.05 11:05
I attest to the accuracy and
integrity of this document