The Division Bench of Jammu and Kashmir’s High Court recently settled a writ petition challenging the order issued by the land acquisition collector. The Bench has established a procedure for challenging the collector’s award. It clarified that the collector does not have the power to review or recall the award or issue directives for the payment or recovery of compensation that go against the final award, in accordance with the State Land Acquisition Act 1990.

The Division bench observed that, as per Sections 18 and 31 of the Land Acquisition Act, if someone disagrees with the measurement of land, the amount of compensation, or the apportionment of the compensation, they can submit a written application to the Collector requesting that the matter be referred to the Court for determination. The court further observed that after reviewing the Land Acquisition Act, they have not found any other provision that would authorize the Collector to recall or review the award, or to issue directions for the payment or recovery of compensation that are inconsistent with the final award. Nonetheless, if the possession of land acquired has not been taken over, the competent Authority may withdraw from and de-notify the acquisition.