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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Kewal Singh – Appellant
Versus
U.T. of J&K – Respondent
ORDER :
1. With consent of the learned counsel for the parties, the writ petition is taken up for final disposal.
2. In the present petition, the respondent Nos. 1, 5, 6 and 7 without acquiring and paying any compensation of the land to the petitioners, have utilized their land for construction of road from Galli to Dhurial via Panchal, in Panchayat Kanthi, Tehsil and District Ramban, detail whereof is given below:
| S.No. | Name of petitioners | Land Measuring K/M | Khasra No. | Fruit bearing trees | Non-fruits bearing trees | Structure Damaged |
| 1. | Kewal Singh | 1 K | 606 | 10 | 15 | |
| 2. | Anchal Kumar | 3 K | 862 | 50 | Cowshed | |
| 3. | Veer Vikram | 2 K | 68 | 25 | 50 | |
| 4. | Dina Nath | 1 K | 263 | 10 | 10 | |
| 5. | Surjeet Singh | 1 K | 95 | 15 | ||
| 6. | Chail Singh | 2 K | 105, 199, 223 | 15 | 8 | |
| 7. | Ganesham Singh | 1 K | 109 | 10 | ||
| 8. | Chain Singh | 2 K | 206 | 15 | 5 | Cowshed two structure |
| 9. | Ashok Singh | 2 K | 209 | 30 | House damage | |
| 10. | Pawan Singh | 2 K | 225 | 20 | ||
| 11. | Nasib Singh | 2 K | 266, 269, 251 | 30 | 70 | Temple |
| 12. | Chain Singh | 1 K | 267 | 100 | 15 | Water Pond |
| 13 | Pawan Singh | 10 M | 254 | 12 | 25 | |
| 14. | Nain Singh | 1 K | 253 | 10 | 5 | |
| 15. | Buri Singh | 1 K | 274 | 10 | 5 | |
| 16. | Lachman Singh | 1 K | 302 | 5 | 15 | |
| 17. | Tribath Singh | 1 K | 301 | 5 | 10 | |
| 18. | Prithvi Singh | 10 M | 233 | 6 | 8 | |
| 19. | Pritam Singh | 1 K | 525 | 10 | ||
| 20. | Sandoor Singh | 1K | 596 | 50 | 100 | House Damaged |
| 21. | Chuni Lal | 5 K | 596 | 20 | 20 | One double story damaged |
| 22. | Amar Singh | 1 K | 1213 | 30 | 10 | House damaged |
| 23. | Om Singh | 561 | ||||
| 24. | Surjeet Singh | 1K | 588/1 | 15 | ||
| 25. | Hans Raj | 1 K | 5 | |||
The right to property is a constitutional right that cannot be denied without due process, and administrative circulars cannot override this right.
The court affirmed that the right to property is a human right, requiring lawful acquisition and compensation when expropriated, underlining legal obligations of the State in welfare contexts.
Landowners have a constitutional right to timely compensation for acquired property, and failure to disburse compensation violates due process.
(1) Article 300A though not a fundamental right but nevertheless it has status of being a constitutional or a statutory right.(2) Acquisition of land – Non-payment of compensation would be arbitrary ....
Landowners have a constitutional right to compensation for land utilized for public projects, and claims cannot be dismissed based on implied consent or delay in seeking redress.
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