"Right to Property is a basic human right which is akin to a Fundamental Right" J&K High Court

"Right to Property is a basic human right which is akin to a Fundamental Right" J&K High Court

No one can be deprived of his property other than by the following procedure prescribed in law

The High Court of Jammu and Kashmir and Ladakh imposed a penalty of ₹10 Lakh on the Union Territory of Jammu & Kashmir on account of violation of the right to property. The bench comprising of Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani opined that:

"It is well recognized that the Right to Property is a basic human right which is akin to a fundamental right as guaranteed by Article 300 A of the Constitution of India and that no one can be deprived of his property other than by the following procedure prescribed in law."

Under the present application, the Petitioner claimed that he is the owner of private land which was taken into possession by the R&D Department for the construction of the long steel Girder Bridge at Zalpora Sultanpora Sumbal, Bandipora in the year 2017. However, the land was acquired without adhering to any statutory provisions and without the consent of the Petitioner. It was further stated that no compensation was paid to the Petitioner for the said land.

The Court was of the prima facie opinion that the private land of the Petitioner has been taken forcibly by the Department without consent and without taking recourse to any procedure prescribed in law. It was also an admitted fact that the Petitioner has not been paid any compensation in respect of the said land though the determination/assessment of the compensation is underway as per the stamp duty rate

Therefore, given the present case, the Respondents were penalized for violating the basic human right, to pay compensation of the said land at stamp duty rate and rental compensation for use and possession from 2017 till date.

The Court concluded that:

"Accordingly, the respondents are directed to assess and determine the compensation of the aforesaid land payable to the petitioner at the stamp duty rate as prevalent today in the area within 6 weeks and to make payment thereof within a further period of 3 months. The respondents at the same time shall also pay token rental compensation for the use and occupation of the aforesaid land from the year 2017 till 2021 i.e., 05 years @ Rs. 1.00 lac per year within 3 months from today."

An Additional Rs. 10 Lakhs compensation was imposed on the Department for violating the right to property of the Petitioner which is guaranteed by the Constitution and the same shall be payable with three months.

In the event the aforementioned amounts are not paid, the Petitioner shall be entitled to move an application and bring it to the notice of the Court "whereupon the Court will swing into action and take appropriate coercive measures against the respondents for the realization of the aforesaid amount may be as arrears of land revenue".