Excelsior Correspondent
JAMMU, Aug 22: Division Bench of the High Court comprising Chief Justice Pankaj Mithal and Justice Wasim Sadiq Nargal has held that Right to Property is akin to fundamental right which cannot be denied without following the procedure prescribed in law.
The DB was dealing with the petition titled Latief Ahmed Bhat and Others Versus State of J&K and Others. The petitioners are demanding compensation for the land measuring 13.75 marlas at Wathoora which has been taken over by the Government in 2002 for the construction of a tube well station.
However, the respondents submitted before the High Court that land was acquired long back but since no claim was raised by the petitioners within time they are not entitled to any relief.
After hearing counsel for the petitioners as well as Deputy Advocate General, the DB observed, “the averments of the petitioners have not been denied rather the respondents admit that the possession of land was taken for the construction of tube well and that petitioners have not been paid compensation”.
“First of all, the respondents cannot take possession of land of any private person without adopting the due procedure prescribed under law as otherwise it would be violate of Article 300-A of the Constitution of India”, the DB said, adding “it is well settled in law that Right to Property is akin to fundamental right and more than that it is a human right which cannot be denied without following the procedure prescribed in law”.
Stating that non-payment of compensation is a recurring cause of action and the rightful owner cannot be refused compensation merely on the ground of delay in raising the claim, the DB said, “the respondents have deprived the petitioners of their Right to Property and have violated their human right in taking possession of land without acquiring it in accordance with law and paying compensation”.
Holding petitioners entitled to fair and adequate compensation of their land, the DB directed the respondents to determine the compensation and make payment within a period of four months. “Since the land has not been acquired so far in accordance with any provisions of law, the respondents will work out the compensation in terms of the principle laid down in the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 as per the market value prevalent today”, the DB added.
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