J&K High Court Quashes Land Acquisition Proceedings for Missing 2-Year Deadline, Orders Fresh Proceedings Under 2013 Act [Read Order]

Jammu: The Jammu and Kashmir High Court has quashed land acquisition proceedings after authorities failed to pass a final award within the statutory two-year period following the declaration, ruling that such proceedings automatically lapse when the deadline is missed.

Justice Sanjay Dhar delivered the significant judgment in WP(C) No. 395/2025, filed by landowners whose property was being acquired for the construction of a road to a college site.

The court addressed a petition filed by Abdul Gani and another, challenging notifications issued under Sections 4(1) and 6 of the J&K Land Acquisition Act regarding land measuring 6 Kanals 6 Marlas in Village Thuroo, Tehsil Thuroo, District Reasi. The court noted, “The declaration under Sections 6 and 7 of the State Land Acquisition Act was issued by respondent No. 1 on 23.02.2017. Admittedly, till date, no final award has been passed by the Collector.”

In its key finding, the court emphasized, “Section 11-B of the State Land Acquisition Act makes it incumbent upon the Collector to make an award within a period of two years from the date of publication of the declaration. It further provides that if no award is made within the aforesaid period, the entire proceedings for the acquisition of land shall lapse.”

The court rejected the respondents’ reliance on the Supreme Court case of Bharat Petroleum Corporation Ltd. (BPCL) vs. Nisar Ahmed Ganai, stating, “The factual situation in the aforesaid case was different, inasmuch as the declaration under Sections 6 and 7 of the State Land Acquisition Act had not been issued, and as such, the provision contained in Section 11-B of the Act was not attracted to the said case.”

The court directed the authorities to initiate fresh acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, stating, “The respondents are directed to initiate fresh acquisition proceedings for the land in question under the provisions of the Act of 2013 forthwith and complete the acquisition within a period of six months.”

According to the petitioners, their land was being acquired to construct a road connecting to a Degree College in Dharmari, approximately 50 kilometers from Reasi. While the respondent Collector admitted that the land was being used for road construction, they contended that the acquisition proceedings should not lapse despite the delay in issuing the final award.

The court’s judgment clarifies that unless proceedings are stayed by a court order, the two-year deadline for passing a final award after the declaration is mandatory, and failure to meet this timeline results in automatic lapse of the acquisition.

Mr. Irfaan Khan and Mr. Nauman Yaseen Khan, Advocates, appeared for the Petitioners, while Ms. Monika Kohli, Sr. AAG, and Mr. Ravinder Gupta, AAG, represented the Respondents.

Case Title: Abdul Gani and another vs. UT of J&K and others

[Read Order]