Ziraat Times Team Report
Srinagar: In a significant development that is likely to pave the way for justice to J&K’s farmers whose land is acquired for development purposes but were denied compensation under the Right to Fair Compensation law, Jammu & Kashmir High Court on Thursday directed the administration to release the compensation in favour of petitioners as per the decision of National Highway Authority of India.
This interim order has been welcomed by the affected farmers of the Srinagar Semi Ring Road project, who maintain that this would ensure justice to them in the long run.
Eminent lawyer Shafqat Nazir, who is representing the farmers in the case, told Ziraat Times that “the HC order may end the exploitation of the farmer class and other land owners in J&K as previously under the State Land Acquisition Act (now repealed in terms of J&K Re-organization Act,2019) the rate of compensation for forcible land acquisition was far below even the market rates.”
“The Central Act provides for not only the higher compensation rates but also has a provision for rehabilitation of the affected land owners and also provides for payment of 100% solacium as compared to 15% which was provided under State Act”, Mr Shafqat further said.
Meanwhile, farming community of Budgam are hopeful that the High Court interim order would led to eventual justice for them.
Speaking to Ziraat Times, Dr Raja Muzaffar Bhat, eminent social activist, who has been one of the key figures of the farmer compensation movement, said that “this interim order will help affected farmers to get justice, as NHAI has already accepted to pay compensation as per Central Land Acquisition Act in its communication in 2017 provided J&K Govt adopted that law.”
“Now the law has been made applicable to Jammu Kashmir with effect from October 31, 2019, NHAI must without any delay fulfil its promise. A new notification has to be issued under Right to Fair Compensation Act (Central law) as notification issued in 2017 has lapsed in 2019 due to efflux of time? Govt can’t make payments to affected farmers under old JK Land Acquisition Act which no more exists”, he added.
The notification issued under section 4 in 2017 by Collector Land Acquisition Budgam has lapsed, Dr Muzaffar added.
As many as 21 farmers had approached the High Court challenging the communication issued by the Financial Commissioner (Revenue) on August 13, 2020 on the ground that the same cannot be made applicable to the lapsed proceedings and in no way can be construed to be an award within the meaning of repealed J&K Land Acquisition Act.
Justice Tashir Rabstan after hearing Advocate Shafkat Nazir appearing counsel for petitioners, directed the authorities to consider release of compensation in favour of these persons as per the decision of NHAI. Court, however, said the compensation amount paid to the petitioners shall be subject to the outcome of the matter.
It has been submitted after abrogation of Article 370 and enactment of J&K Re-organization Act 2019 and Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act has been extended to J&K UT instead of J&K Land Acquisition Act.