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SANJAY DHAR
Sudhir Kumar – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The petitioners have sought a direction upon the respondents to acquire the land, which according to the petitioners, is owned by them, but has been taken over and utilised by the respondents without following the procedure prescribed under law and to pay compensation to them. An alternative prayer has been made by the petitioners that their land taken over by the respondents be returned to them.
2. As per case of the petitioners, land measuring 01 kanal 05 marlas and 03 kanals and 11 marlas in khasra No. 167/75 min situated at Qasba Bala, Tehsil Nowshera, District Rajouri is in occupation of Jal Shakti Vibagh, PHE Division, Nowsherea. Similarly, land measuring 2 marlas in khasra No. 76 in the same village is also is in occupation of Jal Shakti Vibagh, PHE Vibhag, Division, Nowshera. It has been further submitted that the land measuring 4 kanals in khasra No. 167/74 min situated in the same village is in the occupation of JPCDL (PDD) Division Nowshera. It has been further submitted that land measuring 5 marlas in the aforesaid khasra number is also in occupation of the Municipal Committee, Nowshera and public bathrooms have been constructed on the said land in the year,
The fundamental right to property cannot be disregarded, and citizens cannot be divested of their land without due process, even if there is a delay in approaching the court.
The determination of land occupation and compensation is within the jurisdiction of the civil court.
State's unauthorized occupation of private property without acquisition violates Article 300A; unsubstantiated donation claims rejected; delay and laches no bar to compensation for continuing wrong. ....
Acquisition of Land - Grant of compensation - Predecessors-in-interest continued to be in cultivating possession of the subject land as occupancy tenants and this position is clearly reflected in the....
The State must compensate landowners for land acquired for public use, as the right to property is a constitutional right that cannot be extinguished by delay or adverse possession.
The judgment emphasizes the principle of the rule of law and the constitutional right against deprivation of property without due process, as enshrined in Article 300A of the Constitution.
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