Srinagar- Underlining that the right to property is now considered to be not only constitutional or statutory right but falls within the realm of human rights, the High Court of J&K and Ladakh has directed government to pay rental compensation amounting to Rs. 2.49 Crore to displaced persons of 1947 to whom over 224 kanals land was allotted in 1953.
The rentals were assessed by the State Government from 01.01.1978 to 31.03.2009 for the land measuring 224 Kanals and 10 Marlas in Chatha Jammu which is under Army, according to a petition filed before the court on behalf of all descendents of 24 displaced persons.
According to the petitioners, they are displaced persons of 1947 from Tehsil Bagh Village Dhare, Pak, and the erstwhile State of Jammu and Kashmir in its policy to rehabilitate the refugees of 1947 allotted the land to them.
“…the Army has been in occupation of the land in question since long and also that the land owners are not being paid the rental compensation in time,” a bench of Justice Wasim Sadiq Nargal.
“It further transpires that land of the petitioners are not being formally acquired by the respondents (Union of India) by having resort to Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation Act, 2013,” the court said, adding, “This court finds that the subject land belonging to the petitioners in under unauthorized occupation of the respondent-Union of India since 1978 and continues to be so, even as on date.”
“The right to property is now considered to be not only constitutional or statutory right but falls within the realm of human rights,” the court said.
Human rights, the court said, have been considered in the realm of individual rights such as right to shelter, livelihood, health, employment etc and over the years, human rights have gained a multifaceted dimension.
“…the Union of India by no stretch of imagination can deprive the petitioners of their land without sanction of law and even if, the respondent-Union of India, requires whole of the said land or any part thereof for defence purpose, they may do so only by following due process of law,” the court said, adding, “The petitioners in the present case are displaced persons of 1947, and the petitioners have been deprived of their land from 1978 onwards by the Union of India without following due process of law.”
Thus, the court said that it is of the view that the action of the Union of India is “illegal and unconstitutional which cannot sustain the test of law in the light of the stand taken by the State Government and also the findings recorded by the various committees constituted in this regard whereby, the Union of India had been provided opportunity of being heard and after scrutinizing the relevant revenue record, the findings had been recorded by the committees which were gladly and voluntarily accepted by the Union of India without any demur.”
Accordingly, the court directed Union of India to pay the rental compensation which has been assessed by the State Government from 01.01.1978 to 31.03.2009 amounting to Rs. 2.49 Crore to the lawful claimants including the petitioners after necessary verification, within a period of one month.
The court also directed the authorities to assess the rental compensation w.e.f. 31.03.2009 till date in the light of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a period of one month. “Subject to assessment of the said rental compensation, the respondents are directed to pay the amount so assessed to the lawful claimants including the petitioners within a period of one month, thereafter.”
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