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SANJAY DHAR
Nazir Ahmad Shah – Appellant
Versus
State Of J&K – Respondent
JUDGMENT :
1. The petitioner has challenged order No.2403 of 2015 dated 08.08.2015 to the extent of not granting occupation charges of the land belonging to the petitioner and respondent No.7 w.e.f. 15.04.2010 to 19.01.2015 as also to the extent of area of occupied land, which has been shown as 17 kanals 12 marlas instead of 25 kanals and 17½ marlas.
2. Briefly stated, the facts of the case which emanate from the pleadings of the parties are that the land comprised in Khasra Nos.2028/415, 2030/41, 2031/415, 2075/423, 2077/423, 2078/423, 2079/423, 2080/423, 2081/423, 413 and 414 in Estate Zainakote Tehsil Centre, Shalteng, Srinagar, along with structures raised thereon belonging to the petitioner and respondent No.7, came to be occupied by the Security Forces with effect from 27.11.2005. According to the petitioner, the total land that was occupied by the Security Forces is measuring 25 kanals and 17 marlas whereas stand of the official respondents is that only 20 kanals of land, out of the big chunk of land measuring 25 kanals and 17 marlas belonging to the petitioner and respondent No.7, was occupied by the Security Forces. There is also dispute as regard the date on which the Secur
The petitioner is not entitled to occupational charges beyond the date of vacation by Security Forces, and claims for additional land are declined unless rent for underlying land is not considered.
The right to property under Article 300A cannot be infringed without due process, and unilateral actions to fix rental charges without consent are invalid.
Point of Law : Land Tribunal is bound by the statutory presumption as to entries made in record of rights and order of the Tribunal without any reference to such entries and having no discussion as ....
The court upheld the rent fixed by the Committee as fair, emphasizing the petitioner's failure to prove valid ownership of the land.
Petitioners are entitled to rental compensation for unauthorized occupation of land by the Indian Army from 1980 to 2021, to be assessed and disbursed by the Deputy Commissioner.
whether fundamental or constitutional, the fact remains that it has always been recognized as a right guaranteed under the Constitution in favour of a citizen/person and no persons can be deprived of....
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