Section 13 in Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of User in Land) Act, 2014
13. Reference to Court.
(1)Any person interested who has not accepted the award, may by written application to the competent authority require that the matter be referred by the competent authority for determination of the Court, whether his objection be to the measurement of the land, the amount of compensation or damage, as the case may be, or the persons to whom it is payable or the apportionment of the compensation among the persons interested.(2)The application shall state the grounds on which objection to the award is taken:Provided that every such application shall be made,-(a)if the person making it was presented or represented before the competent authority at the time when the award was announced, within sixty days from the date of the award; or(b)in other cases, within sixty days of the receipt of the notice from the competent authority under sub-section (2) of section 12 or within six months from the date of the award of the competent authority, whichever period shall first expire.(3)The Court shall thereupon cause a notice, specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons:-(a)the applicant;(b)all the persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded ; and(c)if the objection is in regard to the area of the land or to the amount of the compensation, the competent authority.(4)The scope of the enquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.(5)Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court within the State shall be entitled to appear, plead and act, as the case may be, in such proceedings.(6)In determining the amount of compensation or of damages to be awarded, the Court shall take into consideration the factors envisaged under sections 23 to 29 and other relevant provisions of the State Land Acquisition Act, Samvat 1990 and the rules made thereunder.(7)The decision of the Court on the reference made to it by the competent authority under this section shall be final and binding on both the parties and no appeal shall lie to any higher forum on the decision pronounced by the Court.
