RFCTLARR Act Provisions Not Applicable To Acquistions Under J&K State Land Acquisition Act 1990 : Supreme Court

The Supreme Court observed that provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall not be applicable with respect to the acquisition under the Jammu and Kashmir - State Land Acquisition Act, 1990.

The bench of Justices MR Shah and Krishna Murari observed thus while allowing appeals filed by Bharat Petroleum Corporation Ltd. (BPCL)  against the judgment of the High Court of Jammu & Kashmir and Ladakh, at Jammu which directed to determine the compensation of the acquired lands in accordance with the provisions of the RFCTLARR 2013. The lands in question were sought to be acquired under the provisions of the State Land Acquisition Act, 1990.

The court, referring to its recent judgment in Bangalore Development Authority & Anr. vs. The State of Karnataka & Ors 2022 LiveLaw (SC) 76, noted thus:

"In the said decision it is specifically observed and held that the Act, 2013 repeals only the Land Acquisition Act, 1894 and not any other Central or State enactment dealing with the acquisition and therefore, what is sought to be saved under the Act, 2013 is only acquisitions which have been initiated under the Land Acquisition Act, 1894 and not those acquisitions which have been initiated under any other Central or State enactment.

..In view of the above binding decision of this Court, we are of the firm view that the provisions of the Act, 2013 shall not be applicable with respect to the acquisition under the J & K Act, 1990."

The court also observed that the land owners shall not be entitled to enhanced amount of compensation under Section 24(1)(a) of the Act, 2013 on the ground that as the award has not been declared they shall be entitled to compensation under the Act, 2013. While allowing the appeal, the bench observed:

"In view of the above and for the reasons stated above and our specific finding that with respect to the lands acquired under the provisions of the J & K Act, 1990 Section 24(1)(a) of the Act, 2013 shall not be applicable and even otherwise as observed hereinabove on merits also as the award could not be declared due to the pendency of the writ petitions before the High Court and the order of status quo, the High Court has committed a serious error in directing the appellants to pay the amount of compensation under the Act, 2013. To that extent the impugned common judgment and order passed by the High Court is unsustainable, both on facts as well as on law"."

Case details

Bharat Petroleum Corporation Ltd vs Nisar Ahmed Ganai | 2022 LiveLaw (SC) 837 | CA 6778 ­ 6780 OF 2022 | 12 Oct 2022 | Justices MR Shah and Krishna Murari 

Counsel: SG Tushar Mehta for appellant, Adv Sunil Fernandes for respondents

Headnotes

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Jammu and Kashmir - State Land Acquisition Act, 1990 - The provisions of the Act, 2013 shall not be applicable with respect to the acquisition under the J & K Act, 1990 - Referred to Bangalore Development Authority & Anr. vs. The State of Karnataka & Ors 2022 LiveLaw (SC) 76. (Para 5.2)

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