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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M A Chowdhary, J
Gurdev Singh S/o Lt. Sh. Inder Singh – Appellant
Versus
Union Of India, Ministry Of Defence – Respondent
JUDGMENT :
1. The petitioner, through the medium of this petition filed under Article 226 of the Constitution of India seeks a writ of mandamus directing the respondents to initiate the acquisition proceedings for acquiring land measuring 11 kanals 08 marlas comprising of khasra No. 234 min situated at village Phulliana, Tehsil and District Rajouri in the light of fact that the process of land for acquisition was recommended to be initiated in the year 2009 by the Board of Officers convened for examining the acquisition of land in question.
2. With a view to understand the controversy in its correct perspective, it is deemed appropriate to give the material facts in brief:
2.1 The petitioners claiming to be the owners of the land measuring 11 kanals 08 marlas comprising of khasra No. 234 min situated at village Phulliana, Tehsil and District Rajouri assert that the said land measuring 11 kanals was unauthorizedly occupied by the Army in the year 1954 and the rest of the land measuring 08 marlas in the year 1976; that the petitioners and their predecessors had been running from pillar to post requesting the army authorities either to regularize their unauthorized occupation or to hand
The court affirmed the petitioners' fundamental right to property and directed the expeditious acquisition of land occupied by the Army, ensuring due process and compensation.
Public authorities must follow statutory procedures for land acquisition; failure to do so violates constitutional rights.
Acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award has been made five years or more prior to the commencement of the Right to Fair Compensation and Transparency in....
The main legal point established in the judgment is that the possession of property without due process of law violates Article 300A of the Constitution of India, and acquisition proceedings must adh....
The right to property is constitutional under Article 300-A, mandating government acquisition or compensation for land occupation.
The State must follow statutory procedures for land acquisition; failure to do so renders the acquisition illegal and void ab initio.
Land held under patta by a private owner cannot be occupied by government authorities without following lawful acquisition procedures, ensuring property rights are protected.
Dismissal of petition due to inordinate delay in approaching the court for relief
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