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news details
Constitutional validity of J&K Land Accusation Act challenged
HC directs State to consider release of compensation as NHAI
5/29/2018 10:43:27 PM
Early Times Report
Jammu, May 29: In a petition filed by various land owners whose land had been acquired for the ring road, challenging Constitutional Validity of J&K Land Accusation act, Justice MK Hanjura of J&K High Court after hearing Adv Abhinav Sharma issued notice to the State & ors and also directed state that subject to objection of the other side and till the next date of listing before the Bench, respondents shall consider release of compensation as per the decision of National Highway Authority of India communicated vide communication dated 4th October, 2017 and payment of compensation shall remain subject to result of writ petition.
During the course of hearing Adv Abhinav Sharma submitted that The petitioners are land owners of Tehsil Marh and Tehsil Bhalwal of Jammu District and the land of the petitioner is being acquired for construction by National Highway Authority of India for construction of Semi Ring Road connecting Thandi Khui (Samba) to Nagrota via Akhnoor. Since the project is a Central project and for similar Project in other states of India, four times the market value of the land is being paid to the land owners, but the petitioners are being paid only the market value as per the value in the Stamp Act plus 15% Jabarana, which is not at all adequate and fair compensation.
He further submitted that Under 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013' of the Central Govt, four times the market value of the land is being paid as per the procedure provided in first Schedule of the Act. Contrary to this, under the J&K Land Acquisition Act, 1990, even for a Central Project wholly financed by the Central Govt, only market value plus 15% Jabarana is being paid and there is no provision resettlement and rehabilitation of the family uprooted from the land.
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