Excelsior Correspondent
SRINAGAR, Apr 18: High Court directed the Government for acquisition and compensation to the actual owner for occupying the land 60 years ago citing that the State being a welfare State can’t be permitted to take the plea of adverse possession which allows a trespasser to gain legal title over such property for over 12 years.
The owners Sudhir Kumar and other claimed that they have ancestral property in shape of a patches of land situated at Qasba Bala of district Rajouri which is in occupation of Public Health Engineering (PHE) Department, Power Development Department (PDD) and Municipal Committee, Nowshera since 1962 without any payment of compensation to them.
According to the respondent-authorities, the revenue entries clearly reflect that the petitioners were not found in possession of any portion of the land in question right from the years 1958-59 and 1962 and as such, they are not entitled to any compensation.
It has also been submitted that the public bathrooms were constructed by the Municipal Committee, Nowshera near PDD office after taking possession of the land from PDD about 30 years ago. The respondents have claimed that the relief sought by the petitioners is barred by time.
Justice Sanjay Dhar while allowing the plea of land owners rejected the arguments of counsel for the authorities and said, if a person has been divested of his right to his property without being paid any compensation, the cause of action is a continuing one.
Justice Dhar while underscoring the ruling of Supreme Court said, the State being a welfare State cannot be permitted to take the plea of adverse possession which allows a trespasser to gain legal title over such property for over 12 years.
The question for consideration raised during proceedings of the case as to whether the petitioners can claim compensation in respect of the land occupied by the respondents in the years 1957-58 and 1962 by filing a writ petition after more than 60 years. The court in this regard has held that if a person has been divested of his right to his property without being paid any compensation, the cause of action is a continuing one.
The Supreme Court went on to hold that the State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens. “On the date when the land belonging to the petitioners, was taken over by the respondents, the right to property was a fundamental right in the erstwhile State of Jammu and Kashmir and even now it continues to a constitutional right in terms of Article 300-A of the Constitution of India”, Justice Dhar said.
Court said that no amount of delay in approaching the court would disentitle the petitioners from claiming their right over the land which is admittedly in occupation of the respondents and has held the petitioner entitled to the compensation for their land occupied by the respondents without adopting the procedure laid down in the provisions relating to the land acquisition that were in vogue at the relevant time.
The court directed the authorities initiate process of acquisition of the land belonging to the petitioners, which is in their occupation, most expeditiously, and conclude the process of acquisition and payment of compensation to the petitioners in terms of law relating to land acquisition which is in vogue at present within a period of six months.
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