Srinagar: In a landmark judgment, the High Court of Jammu & Kashmir and Ladakh has directed the central government to pay rental compensation for the use of private land by the Indian Army in the Karnah area of north Kashmir's Tangdhar since 1978.
The bench headed by Justice Wasim Sadiq Nargal emphasized the protection of property rights as both a constitutional and human right under Article 300A of the Indian Constitution while delivering the judgment.
"The right to property is now considered not only a constitutional or statutory right but also falls within the realm of human rights. Human rights have been considered in the context of individual rights such as the right to shelter, livelihood, health, and employment, and over the years, human rights have gained a multifaceted dimension," Justice Nargal said while disposing of the petition on November 20.
The petitioner, Abdul Majeed Lone had claimed ownership of 12 kanals and 14 marlas of land under Khasra No. 391 in Tangdhar, alleging that “it was occupied by the Indian Army in 1978 without compensation or acquisition proceedings.” Despite several appeals for compensation, including applications in 2004 and multiple representations, he contended that his property rights were ignored, Lone stated in his petition filed in 2014.
“The state, in exercising its power of eminent domain, may interfere with the right to property of a person by acquiring the same, but it must be for a public purpose, and therefore, reasonable compensation must be paid," the court noted.
However, the respondents, including the Deputy Commissioner of Kupwara, representatives of the Indian Army, and the Union of India through the Home Department, provided contradictory statements regarding the land's status, according to the judgment.