In a significant judgment, the Jammu and Kashmir High Court has ruled that if an award is not issued within two years from the date of declaration under Section 6 of the J&K Land Acquisition Act, the entire acquisition process lapses unless specifically stayed by a court order.

This decision came in the case filed by Abdul Gani and another, who challenged the acquisition of their land measuring 6 Kanal 6 Marlas in Village Thuroo, District Reasi. Their land had been notified for public purpose — for constructing a road to a Degree College sanctioned in Dharmari — but no final award or compensation had been issued even though the land was already in use.

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The land was initially notified under Section 4 of the State Land Acquisition Act on 18.06.2015, and a declaration under Sections 6 and 7 followed on 23.02.2017. However, the final award was never passed.

"Section 11-B clearly mandates that the Collector must make an award within two years of the declaration. If not, the proceedings lapse unless stayed by a court," the Court emphasized.

The government tried to justify the delay by citing lack of funds and also referred to the Supreme Court's decision in Bharat Petroleum Corporation Ltd vs. Nisar Ahmed Ganai. However, the High Court clarified that the BPCL case was based on a situation where a declaration had not yet been made, unlike in the present case where it was issued in 2017.

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“The ratio of BPCL does not apply here, as this case involves post-declaration delays which are directly hit by Section 11-B,” the Court noted.

Since no stay was involved and more than two years had passed without an award, Justice Sanjay Dhar ruled that the acquisition had lapsed.

"The entire acquisition process is quashed. Fresh proceedings must be initiated under the 2013 Act and completed within six months," the Court directed.

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This verdict reaffirms landowners' rights under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, ensuring fair and timely compensation and procedural accountability from authorities.

APPEARANCE

Irfaan Khan, Nauman Yaseen Khan, Advocate For Petitioner

Ms. Monika Kohli, Sr. AAG, Ravinder Gupta, AAG. For Respondents

Case-Title: Abdul Gani and another vs UT of J&K, 2025