In a significant ruling, the High Court of Jammu and Kashmir and Ladakh has redefined the right to property as a fundamental aspect of human rights. Disposing of a long-standing petition, Justice Wasim Sadiq Nargal ordered the Army to compensate a resident for a land occupation that has persisted for 46 years.
The case revolves around Abdul Majeed Lone, who filed his petition in 2014 regarding his 1.6-acre parcel of land in Tangdhar, Kupwara District, which has been occupied by the Army since 1978. Lone argued that he had not received any compensation or rent for the use of his land.
In his ruling, Justice Nargal emphasized that the right to property has evolved beyond just constitutional or statutory recognition to a broader framework within human rights. He noted that the right to property is intrinsically linked to essential human rights, such as the right to shelter, livelihood, health, and employment, highlighting the multifaceted nature of these rights in contemporary society.
The court addressed the concept of ’eminent domain’, stating that while the state may acquire private property for public purposes, it is mandated to provide reasonable compensation. The Centre’s counsel attempted to refute claims of the Army’s occupation of the land, but the revenue department confirmed that the Army has indeed held possession since 1978.
In response to these findings, the court ordered a fresh survey of the land and acknowledged that the owner had not received any rent or compensation over the decades. The ruling rebuked the state’s actions, indicating a violation of the petitioner’s basic rights and a disregard for legal processes.
Furthermore, the court reinforced that governmental authorities cannot dispossess citizens of their property without adhering to established laws. It asserted that the obligation to pay compensation, though not explicitly stated in Article 300A of the Constitution, can be inferred and must be respected.
The court’s decision represents a notable advance in the recognition of property rights as essential human rights, prompting a discussion about governmental accountability and the rights of landowners in longstanding disputes involving military or state occupation.
