Srinagar- Observing that no one can be deprived of his or her property other than following due procedure of law, the High Court of J&K and Ladakh has directed Union of India to pay compensation to a resident of Tanghdar for over 12 kanals of land under occupation by the army since 1978.
In his petition, the resident had submitted that authorities did not pay any rent to him for the occupation of his proprietary land nor they have initiated any proceedings for its acquisition, thus depriving him of his land without following due process of law.
“…this Court is of the view that the action of the respondent-Union of India is illegal and unconstitutional which cannot sustain the test of law in the light of the stand taken by the Revenue Authority,” a bench of Justice Wasim Sadiq Nargal said after hearing counsel for the resident as well as the authorities.
Subsequently, the court directed the Deputy Commissioner, Kupwara, to constitute a team of revenue officers headed by Tehsildar concerned for taking necessary steps for assessment of rental compensation with regard to the occupation of land by the Army within two weeks.
While asking the DC to associate the petitioner and other stakeholders in the process, the court ordered that the assessment report to be made by the Revenue Authority after proper verification shall be forwarded to the Union of India within a period of two weeks, thereafter.
“The respondent-Union of India is directed to pay the rental compensation after due verification to the petitioner on the basis of the assessment report for which he is entitled w.e.f. 1978 till the same was in active possession of the Army with respect to the land measuring 12 Kanals 14 Marlas ….within a period of one month from the date of receipt of assessment report to be submitted by the Revenue Authority,” the court said.
The Court also made it clear that in case the rental compensation as directed by it was not released in favour of resident within the stipulated period, he will be entitled to claim interest at the rate of 6% per annum from the date the rental compensation was payable to him and “denied” by the authorities.
“It is further provided that in case the aforesaid land of the petitioner is further required by the respondent-Union of India or any other Agency for any public purpose or otherwise, they are under legal obligation to follow the procedure as envisaged under law for acquiring the land by affording an opportunity of hearing to all the interested parties including the petitioner,” the court said, adding, “in such eventuality, the compensation be paid to the petitioner after following due process of law and necessary verification.”
The court also directed payment of token compensation of Rs. 1 lakh to the resident for “illegally depriving” the resident of his land without any authority of law and, thus, “violating his human right”.
“This amount in addition to the rental compensation be paid to the petitioner …..within a period of two weeks from the date a copy of this Judgment is served upon them.”
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