Shivani Thakur
Published on: July 1, 2022 at 16:46 IST
The Jammu and Kashmir and Ladakh High Court has imposed a cost of Rs. 10 lakh on the UT administration for forcibly taking over a private land, without following due procedure of law.
The Court observed that, “It is well recognized that Right to Property is a basic human right which is akin to a fundamental right as guaranteed by Article 300 A of the Constitution of India and that no one can be deprived of his property other than by following procedure prescribe in law.”
The Petitioner explicitly said that the long Steel Girder Bridge at Zalpora Sultanpora Sumbal, Bandipora, was being built when the R&B Department seized his land in 2017.
But the possession was taken without having the subject property legally obtained, in compliance with any applicable legislation, or with the petitioner’s consent.
He contended that he was not been paid any compensation of the said land ever since it was taken over by the government.
In its response, the Public Works Department stated that they were considering the petitioner’s request for compensation and suggested paying compensation at the rate of the applicable stamp duty.
The Petitioner’s land was forcibly taken over by the Petitioner without his or her consent and without following any legal process, the Court observed.
Division Bench in its order, “the respondents are liable to be penalized for violating the basic human right of the petitioner and at the same time to pay compensation of the said land at the stamp duty rate prevalent today as well as the rental compensation for its use and occupation from the year 2017 till date.”
After assessing and determining the compensation of the aforementioned land payable to the petitioner at the stamp duty rate currently in effect in the region, the respondents were instructed to recompense the petitioner. It will take 3 months and 6 weeks, respectively, to finish the process.
The court observed, “it will be open for the petitioner to move an application and to bring it to the notice of the Court whereupon the Court will swing into action and take appropriate coercive measures against the respondents for the realization of the aforesaid amount may be as arrears of land revenue.”