Landowner cannot challenge acquisition after accepting enhanced compensation: HC

09/06/2026

JAMMU, Jun 8: The High Court of Jammu & Kashmir and Ladakhhas held that a landowner who sought enhancement of compensation through reference proceedings and accepted the enhanced amount cannot subsequently deny the acquisition of the land itself.
A Division Bench comprising Justice Rajnesh Oswal and Justice Rajesh Sekhri passed the ruling while disposing of an appeal filed by the legal heirs of Ravail Chand concerning land measuring 36 kanals and 17 marlas situated at RakhBhau village in Jammu.
The appeal challenged a March 17, 2016 judgment of a Single Bench that had dismissed the writ petition filed by the appellant.
The appellant had contended that no acquisition award had been passed in respect of his land and, therefore, the reference proceedings initiated under Section 18 of the Jammu and Kashmir Land Acquisition Act were without jurisdiction.
Senior Advocate U.K. Jalali, assisted by Advocate NeerajVerma, appearing for the appellants, argued that participation in reference proceedings could not prevent the appellant from asserting ownership rights over the land. It was also submitted that the appellant had received compensation only to the extent of one-third of the assessed value.
Senior Additional Advocate General Monika Kohli opposed the plea, submitting that the appellant had himself sought a reference under Section 18 of the Act on the ground that the compensation awarded was inadequate, pursued the proceedings before the Reference Court and accepted the enhanced compensation granted in his favour. Deputy Solicitor General of India Vishal Sharma, assisted by Central Government Standing Counsel EishaanDadhichi, appeared for the Union authorities, while Advocate Sachin Dogra represented the Jammu Development Authority.
The Division Bench noted that the appellant had appeared before the Reference Court, challenged the adequacy of compensation and thereafter accepted enhanced compensation amounting to Rs 72,677.33.
The Court observed that after invoking the statutory remedy for enhancement and accepting the benefits flowing from it, the appellant could not be permitted to take a contradictory stand by questioning the acquisition itself.
Holding that a litigant cannot be allowed to "blow hot and cold" or adopt inconsistent positions for pecuniary advantage, the Bench ruled that the acquisition proceedings had attained finality and could not be reopened. However, the Court found merit in the appellant's grievance regarding the extent of compensation actually paid.
The Bench directed respondent authorities to verify whether compensation paid to the appellant had been restricted to one-third of the amount assessed by the Collector and subsequently enhanced by the Reference Court on account of his alleged status as a tenant.
It further directed that if it is found that only one-third compensation had been released, the authorities shall pay the balance amount along with statutory interest within three months from the receipt of a certified copy of the order. The appeal and connected application were accordingly disposed of.

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