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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MOKSHA KHAJURIA KAZMI
Pushpa Devi – Appellant
Versus
Union Territory of Jammu and Kashmir, through Commissioner-cum-Secretary to Govt. – Respondent
| Table of Content |
|---|
| 1. petitioners inherited land; temporary use permitted for parking. (Para 1 , 2 , 3 , 4 , 5) |
| 2. respondents in continuous possession since 1968 for public use. (Para 6) |
| 3. petitioners claim due process; respondents plead delay, adverse possession. (Para 7 , 8) |
| 4. ownership admitted; no acquisition or compensation paid. (Para 9 , 10) |
| 5. property protected under article 300a; due process required. (Para 11) |
| 6. state cannot claim adverse possession against citizens. (Para 12 , 13 , 14 , 15) |
| 7. delay and laches rejected in continuing property wrongs. (Para 16 , 17 , 18) |
JUDGMENT :
MOKSHA KHAJURIA KAZMI, J.
1. The petitioners in the instant petition have invoked extraordinary writ jurisdiction of this Court, vested under Article 226 of the Constitution of India, to seek a writ of mandamus thereby directing the respondents to handover the possession of the land measuring 5 kanal 4 marlas comprising in Khasra No.436/268 (3 marlas), Khasra No.437/268 2 kanal 10 marlas), Khasra No.438/249 (11 marlas), Khasra No.439/269 (12 marlas), Khasra No.440/269 (1 kanal 6 marlas) and Khasra No.435/268 (12 marlas) situated at Katra (hereinafter to be referred to as “subject land”) or in the alter
State as welfare entity cannot claim adverse possession over private property; must acquire with compensation or return possession. Delay and laches rejected for continuing deprivation without due pr....
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. ....
The State cannot plead adverse possession in respect of the land of its citizens under its unauthorized occupation, and delay and latches cannot be used to deny compensation to the citizens deprived ....
The lawful possession of land cannot be violated by the State without due process; failure to acquire legally results in trespass, warranting restoration or formal acquisition proceedings under const....
Where the deprivation of property without sanction of law is admitted and clearly established, there is no difficulty in applying above principle and, as such, a petition for compensation cannot be d....
Landowners cannot be deprived of their property without due process and just compensation, regardless of implied consent due to prolonged silence on compensation claims.
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