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IN THE HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI
Kulsooma D/O Gh. Rasool Bhat – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
JUDGMENT :
1. The petitioners in the instant petition have implored for the following reliefs:-
(i) “A writ of the nature of mandamus or any other appropriate writ commanding the respondents to take all necessary steps for payment of compensation, either by way of compulsory acquisition mode or by private negotiation for the remaining portion of land falling in then Khasra No. 330,331 and 309 in estate Bemina that has been taken over by respondents in connection with Flood Spill Channel but for which no compensation has been paid as yet.
(ii) In alternative an appropriate writ directing the respondents to return the possession of land back to petitioners after removing the earth-filling there from and pay adequate compensation at the rate of RS. 10,000/ per kanal per year on account of damage caused to property as also on account of use and occupation of petitioners’ land by the respondents during the intervening period”.
2. The facts under the shade and cover of which the aforesaid reliefs have been prayed and as are stated in the petition are that the petitioners 1 & 2 claimed to have jointly owned and possessed 14 Kanal and 17 marlas of land covered under Survey No. 330 and 331 in e
The right to property is a constitutional right under Article 300-A, requiring due process and compensation for any deprivation.
The State cannot dispossess individuals of property without proper legal processes, affirming the entitlement to compensation for land occupied without due course of law.
The court emphasized that land acquisition must follow due process, and failure to do so renders the acquisition invalid, protecting the property rights of individuals.
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. ....
Forcible dispossession of property without due process violates constitutional rights; delay and laches are not applicable in cases of continuing cause of action.
The right to compensation for land taken by the state is upheld, emphasizing adherence to legal procedures and principles of natural justice.
Acquisition of land - in terms of Section 15(1) of the said Act, such objection should necessarily be filed within sixty (60) days from the date of publication of the preliminary notification.
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