Sr. No. 4 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(D) 74/2024 c/w RP 90/2022 TANVIR AHMAD DAR …Petitioner(s)/appellant(s) Through: Mr. Shafqat Nazir, Advocate Vs. SHALEEN KABRA FC (REVENUE) ...Respondent(s) Through: Mr. Ilyas Nazir Laway, GA CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 30-07-2025 RP No. 90/2022 1. Union Territory of Jammu and Kashmir and Ors., vide this petition, seek review of the order dated 07.09.2022, rendered by the Coordinate Bench in WP(C) No. 1726/2020 (Abdul Salam Bhat and Ors Vs. Government of J&K and Ors) 2. Learned counsel for the review petitioner submits that the claimant/land owners, in the petition filed by them, had assailed the land acquisition proceedings initiated pursuant to a notification dated 20.03.2017 issued under Section 4 of the Jammu and Kashmir Land Acquisition Act. 3. He submits that, in essence, the grievance of the claimants was that the said proceedings had lapsed by virtue of Section 11-B of the Act, for notification under Section 4, as indicated earlier, was issued on 20.03.2017, followed by a final declaration under Section 6 on 08.08.2017. And in terms of the provisions of Section 11-B of the Act, the authorities were required to make an award within a period of two years of the final declaration. Whereas, the final award was made on 11.08.2020. Junaid Ayoub I attest to the accuracy and authenticity of this document 4. Accordingly, the Coordinate Bench held that the land acquisition proceedings stood lapsed. 5. However, with reference to the statement of facts/objections filed to the petition by the respondent authorities, he submits that the specific stand set out before the Writ Court was that the Government had issued a notification under Section 17 of the J&K Land Acquisition Act, 1990 on 14.02.2018 for taking over possession of the subject land for public purpose. Not just that, he has also drawn our attention to the said notification, which is appended as Annexure –III with the review application. And, accordingly, he submits that the observations recorded by the Division Bench in paragraph 8 of its judgment under review, that admittedly the urgency provisions under Section 17 of the Act were not invoked and the possession of the land continued to be with the claimant/land owners. 6. Accordingly, he asserts that the observations recorded by the Division Bench are contrary to the position on record, and thus, the impugned judgment and order dated 07.09.2022 needs to be reviewed/recalled. 7. Pursuant to the notice issued in the application, Mr. Shafqat Nazir, Advocate, has caused appearance on behalf of the claimants/land owners. 8. Despite opportunity, no response has been filed. However, learned counsel for the claimant/land owners, as always, fairly submits that, in the wake of the undisputed position that the review applicant had invoked the urgency provision under Section 17 of the Act and a formal notification in this regard had since been issued on 14.02.2018, in all fairness, the order under review be recalled/reviewed, and the petition filed by the claimant/land owners be heard on merits. 9. In the wake of the position narrated above, as also the fair stand taken by the learned counsel for the claimant/land owners, the application is allowed. Consequently, judgment and order dated 07.09.2022, is reviewed, and the petition is restored to its original number. Junaid Ayoub I attest to the accuracy and authenticity of this document CCP(D) 74/2024 10. Learned counsel for the parties fairly submits that, in the wake of an order of even date passed in review petition (RP No. 90/2022), nothing substantive survives in the petition and, therefore, the same be disposed of as having rendered infructuous. 11. Ordered accordingly. WP(C) No. 1726/2020 12. Having argued the matter at some length, Mr. Ilyas Nazir Laway, learned GA, prays for a short accommodation to seek instructions. 13. Heard in part. 14. Office is directed to list this petition on 18.08.2025, higher-up on the list. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 30-07-2025 Junaid Junaid Ayoub I attest to the accuracy and authenticity of this document