HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 345/2024 CM No. 803/2024 Nazir Ahmed and others …..Appellant(s)/petitioner(s) Through: Mr. Irfan Khan, Advocate with Mr. Shabir Ahmed, Advocate Vs UT of J&K and others .…. Respondents Through: Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG Mr. Ravinder Gupta, AAG with Ms. Pallavi Sharma, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 19.09.2025 1. The petitioners through the medium of the present writ petition have challenged the acquisition proceedings initiated pursuant to notification No. SDM/M/CLA/2012-13/350-51 dated 27.01.2012 issued by respondent No. 4 under Section 4 (1) of the J&K Land Acquisition Act, (hereinafter refered to as State Act) relating to land measuring 58 Kanals 8 Marlas comprised in various khasra numbers of village Mullas. Challenge has also been thrown to notification bearing No. SDM/M/CLA/2015-16/63-68 dated 20.04.2015 issued by respondent No. 4 under Section 4 (1) of the State Land Acquisition Act with respect to land measuring 92 kanals 4 marlas situated in village Shajroo, Tehsil Mahore, District Reasi. Both the aforesaid notifications have been issued for the purpose of construction of PMGSY road from Shajroo to Mullas villages. Sr. No. 17 WP (C) No. 345/2024 CM No. 803/2024 2. Heard and considered. 3. It seems that pursuant to the issuance of the aforesaid two notifications, declaration under Section 6 of the State Land Acquisition Act in respect to the acquisition of land relating to village Mullas came to be issued on 23.09.2015 whereas, declaration under section 6 of the State land Acquisition Act in respect of land situated in village Shajroo came to be issued on 22.07.2015. Thereafter notification under Section 9 and 9A of the State Land Acquisition Act in respect of land situated in village Mullas came to be issued on 01.01.2018 and in respect of land situated in village Shajroo, it came to be issued on 19.12.2016. The acquisition proceedings did not proceed further. 4. Respondent/Collector in his reply to the writ pettion, has submitted that due to non-availability of requisite funds, acquisition proceedings could not be finalized. It has been submitted by the Collector that as a result of this, acquisition proceedings in respect of both the villages viz Mullas and Shajroo stand lapsed in terms of Section 11 B of the State Land Acquisition Act. It has also been submitted that an amount of Rs. 40 lakhs only has been deposited by the indenting department with the Collectorate in the year 2023 towards the cost of land compensation. 5. Having regard to the stand taken by the Collector in its reply and keeping in view the legal position, which emanates from a perusal of Section 11 B of the State Land Acquisition Act, the acquisition proceedings initiated pursuant to both the aforesaid notifications stand lapsed. Since the land has already been utilized by the intending department for the purpose of the construction of WP (C) No. 345/2024 CM No. 803/2024 the road, therefore, there is no option available with the respondents but to pay compensation to the petitioners by assessing the same in accordance with the provisions contained in Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation Resettlement Act 2013 (hereinafter Act of 2013). 6. Accordingly, the writ petition is disposed of with a direction to the respondents to initiate fresh acquisition proceedings in respect of the land of the petitioners in terms of the Act of 2013 and to pay compensation to them after its assessment in accordance with the law. The entire exercise shall be completed by the respondents most expeditiously, preferably within a period of 6 months from the date a copy of this order is made available to the respondents by the petitioner. (SANJAY DHAR) JUDGE JAMMU 19.09.2025 Mahavir Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No