Srinagar Sept 18 (KNS):Farmers affected by Srinagar Ring Road project have got a sigh of relief as the High Court has directed the Government to consider payment of compensation as agreed by National Highway Authority of India (NHAI) in 2017 in its communication to Deputy Commissioner Budgam.
Twenty one affected farmers of Wathoora Budgam had approached the high court challenging the communication issued by the Controlling Authority / Financial Commissioner (Revenue) on August 13, 2020 wherein he has approved the awards prepared by Collector Land Acquistion for Ring Road project Budgam.
Petitioners challenged the approval of FC Revenue on the ground that said order isn’t applicable as the land acquisition proceedings taken up in year 2017 have lapsed due to efflux of time.
In a statement issued to KNS reads, “the land acquisition proceedings were initiated under JK Land Acquisition Act 1934 and sec 4 notice was issued in March 2017 , by March 2019 payment of compensation had to be made but the same was not done till date and the provision of land acquisition law says that process of compensation payment has to be done within 2 years only and even after 3 ½ years Govt failed to pay compensation to affected land owners ” reads the petition
Justice Tashi Rabistan after hearing the counsel of the affected farmers Advocate Shafqat Nazir directed the respondents to consider release of compensation in favour of these persons as per the decision of NHAI vide year 2017 communication with DC Budgam
High Court, however, said the compensation amount paid to the petitioners shall be subject to the outcome of the matter.
The High Court meanwhile asked the AAG Revenue to file his response to before next date of hearing. The case is again listed for hearing on Sept 29th 2020.
Counsel of petitioners argued that Collector Land Acquisition Budgam (Ring Road project) issued a notification under Section 4 of J&K Land Acquisition Act in March 2017 and by March 2019 the entire process was to be completed as per section 11-B of JK Land Acquisition Act 1934 (now repealed) but that was never done
“After abrogation of Article 370 and enactment of J&K Reorganization Act 2019 and Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act having been extended to UT of J&K entitles the affected farmers to get compensation as per central law and for this a fresh notification has to be issued by J&K Govt under the new law (Right to Fair Compensation under Land Acquisition and Rehabilitation and Resettlement Act 2013 “ reads the petition (KNS)