In a landmark judgment, the High Court of Jammu Kashmir and Ladakh directed the Indian Army to pay 46 years of accumulated rent to a landowner in Tangdhar, Kupwara, Press Trust of India reported.
Justice Wasim Sadiq Nargal, while disposing of a petition filed by Abdul Majeed Lone, emphasized that the right to property is a fundamental human right, equating it with essential individual rights such as livelihood and shelter.
In his ruling on November 20, Justice Nargal stated, “The right to property is not merely a constitutional or statutory right but falls within the realm of human rights. Over the years, human rights have gained a multifaceted dimension, encompassing areas like shelter, livelihood, and health.”
Background of the case
Abdul Majeed Lone had approached the court in 2014, claiming that the Army had occupied his 1.6-acre land near the Line of Control in Tangdhar since 1978 without providing rent or compensation. The Army denied the occupation, but a revenue department survey confirmed that the land had been under its possession since 1978.
The court criticized the government for depriving Lone of his rights without due process. “The facts clearly reveal that the respondents violated the petitioner’s basic rights, depriving him of a valuable constitutional right without following the procedure as envisaged under law,” Justice Nargal observed.
The court stressed that the state’s power of eminent domain—the ability to acquire private property for public use—must be exercised with the provision of adequate compensation. “The state may interfere with a person’s property rights for a public purpose, but reasonable compensation is a prerequisite,” the judgment noted.
Additionally, Justice Nargal referenced Article 300A of the Constitution, asserting that although the article does not explicitly mention compensation, such an obligation is inherently inferred.
Directions to the Army
The court directed the Army to settle the arrears within one month. It also instructed the revenue department to conduct a fresh survey of the land, ensuring transparency and accountability.
“The state and its agencies cannot dispossess a citizen of their property except in accordance with the law,” the judgment concluded, emphasizing the importance of upholding human rights in governance.
This verdict not only provides relief to Abdul Majeed Lone but also sets a significant precedent in reinforcing property rights as fundamental human rights.