The State cannot dispossess individuals of property without proper legal processes, affirming the entitlement to compensation for land occupied without due course of law.

JUDGEMENT

1. The instant petition has been preferred by the petitioners on behalf of all the family members/descendents of 24 displaced persons (DPs) of 1947 to whom the land measuring 224 Kanals and 10 Marlas falling under Khasra Nos. 2, 3 and 6 of Village Chatha, Jammu was allotted in the year 1953 by the State Government for their rehabilitation under Government Order No. 578-C of 1954 for vindication of their common rights for getting compensation for the aforementioned land from the respondent-Union of India, which according to the learned counsel appearing for the petitioners is illegally and unlawfully occupied by the respondent-Union of India.

2. The petitioners through the medium of instant petition have sought the following reliefs:-

"a. Mandamus commanding the respondent no. 5 to assess the compensation to be paid to the petitioners from 01.01.1978 till date by the respondent no. 1 to 4 for the forcible possession over the land measuring 224 Kanals and 10 Marlas of land falling under Khasra no. 2, 3 and 6 of Village Chatha, Jammu which was allotted to the DPs of 1947 in the year 1953 by the State Government for their rehabilitation under Government Order No. 578-C of 1954;

b. Mandamus commanding the respondent no. 1 to 4 to pay the rental compensation to the petitioners as assessed by the respondent no. 5 for the forcible possession over the land measuring 224 Kanals and 10 Marlas of land falling Under Khasra no. 2, 3 and 6 of Village Chatha, Jammu which was allotted to the DPs of 1947 in the year 1953 by the State Government for their rehabilitation under Government Order No. 578-C of 1954;

c. Mandamus commanding the respondent no. 1 to 4 to hand over the possession of the land measuring 224 Kanals and 10 Marlas of land falling under Khasra no. 2, 3 and 6 of Village Chatha, Jammu which was allotted to the DPs of 1947 in the year 1953 by the State Government for their rehabilitation under Government Order No. 578-C of 1954 and was forcibly taken over by the respondent no. 1 to 4 or in alternative;

d. Mandamus commanding the respondent no. 1 to 4 to adopt the due procedure as laid down under J&K Land Acquisition Act for acquisition of land measuring 224 kanals and 10 marlas of land falling under Khasra no. 2, 3 and 6 of Village Chatha, Jammu which was allotted to the DPs of 1947 in the year 1953 by the State Government for their rehabilitation under Government Order No. 578-C of 1954, if they are in need of the same;

e. And any other order or direction which this Hon'ble Court deems fit and proper may kindly be issued in favour of the petitioners and against the respondents."

Arguments on behalf of the petitioners

3. Learned counsel appearing for the petitioners submits that the petitioners are displaced persons of 1947 from Tehsil Bagh Village Dhare, Pakistan Occupied Kashmir (PoK) and the erstwhile State of Jammu and Kashmir in its policy to rehabilitate the refugees of 1947, allotted a total area of 224 Kanals and 10 Marlas comprising Khasra Nos. 2, 3 & 6 in village Chatha, Jammu in the year 1953. The case of the petitioners is that the land in question was originally a private land, belonged to the private persons and after coming into force the Big Landed Estates Abolition Act, the same was escheated to the State of Jammu and Kashmir. The further case of the petitioners is that after the allotment of this land to the petitioners and their predecess