Court holds that possession of entire allotted land must be delivered to expropriated owners; withholds compensation incomplete without physical possession, directs allotment of equivalent land within three months.
In a landmark judgment dated October 7, 2026, the Jammu & Kashmir and Ladakh High Court has allowed the appeal of Raj Sharma (Bharti), ordering the State authorities to provide alternate land in lieu of a 4-kanal parcel that was never handed over during a land acquisition proceeding dating back to 1973. The judgment, delivered by Justice Sanjay Dhar, underscores the legal principle that the statutory obligation of the Collector and the State does not end with mere allotment of land on paper, but requires actual physical possession of the entire alternate land to be delivered to the affected landowner.
The case concerns the acquisition of 13 kanals of land owned by Kumari Shanta Bharti (predecessor of the appellants) in Village Sitni, Jammu, for the construction of the By-Pass Road to Tawi Bridge. While the original award for acquisition was passed in 1973, the alternate land compensation award was delayed for over two decades and finally passed in 1994. The alternate land comprised three chunks: two in Village Sitni and one 4-kanal parcel in Village Khanpur (Khasra No. 344). The possession of the two Sitni parcels was delivered, but the Khanpur parcel was never handed over as it was under Army claim and possession.
Kumari Shanta Bharti sought reference under Section 18 of the Jammu & Kashmir Land Acquisition Act, 1990, contending that possession of the 4-kanal land was never delivered, and claiming damages for the delay and inconvenience caused by allotment of land in multiple parcels. The Reference Court dismissed the claim for damages due to lack of evidence but failed to decide the additional issue regarding non-delivery of possession of the 4-kanal land.
On appeal, the High Court found that the assertion of non-delivery of possession of the 4-kanal land remained unrebutted. The Collector's incomplete testimony and failure to produce relevant possession records led the court to draw an adverse inference against the respondents. The court emphasized that withholding possession record despite summons indicates the land was not handed over. Citing the fundamental right to property (which existed under Article 19(1)(f) of the Constitution in the erstwhile J&K), the court held that incomplete delivery of alternate land amounts to inadequate compensation and violates property rights.
The Court directed the respondents to identify and allot equivalent State or Jammu Development Authority land of similar value in lieu of the undelivered 4 kanals in Village Khanpur and to hand over possession to Raj Sharma (Bharti) and legal heirs of the deceased appellant within three months of the order.
This judgment reinforces the principle that alternate land awards in land acquisition cases are not fulfilled until complete possession is physically delivered, and that the State must ensure compensation is fair and complete, including replacement land if originally allotted land is occupied by third parties.
Bottom Line:
Land Acquisition - Where acquired owner opted for alternate land in lieu of cash compensation, award is not satisfied unless complete possession of entire allotted alternate land is actually handed over - If part of allotted land is not delivered and authorities withhold possession record, adverse inference is liable to be drawn - State is bound to allot equivalent alternate land and deliver possession.
Statutory provision(s):
Jammu & Kashmir Land Acquisition Act, Svt. 1990 Sections 18, 52
