Petitioners' Constitutional Right to Property Upheld; State Ordered to Compensate for Unauthorized Occupation
In a landmark judgment, the Jammu and Kashmir High Court, presided over by Justice Rajnesh Oswal, has ordered the respondents, including the State Industrial Development Corporation (SIDCO) and the State Industrial Corporation of Jammu and Kashmir (SICOP), to either vacate or legally acquire the land measuring 41 kanals and 02 marlas in Village Birpur, District Samba. The decision emphasizes the constitutional right to property under Article 300A, ruling that the doctrine of delay and laches cannot be invoked to justify the State's ongoing unauthorized occupation of private property.
The case, titled Dr. Posh Charak v. U. T. of J&K, involved the petitioners—heirs of the original owner Thakur Lakshman Singh Charak—seeking restoration of their land or appropriate compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The court found that the State had occupied the land without due legal process since 1983-84, a fact confirmed by revenue records and official admissions.
Despite objections from the State regarding delay in filing the petition and claims of disputed facts, the court held that the constitutional right to property supersedes procedural technicalities. Highlighting the State's failure to provide evidence of legal acquisition, the court mandated the return of the land or the initiation of acquisition proceedings within three months. Additionally, it directed the Deputy Commissioner, Samba, to assess and award rental compensation for the unauthorized use of the property.
This judgment reinforces the principle that constitutional rights cannot be undermined by procedural delays, setting a significant precedent for property rights in India.
Bottom Line:
Doctrine of delay and laches does not bar claims for restoration of property rights, especially in cases of unauthorized possession by the State violating constitutional rights under Article 300-A.
Statutory provision(s): Article 300A of the Constitution of India, Article 226 of the Constitution of India, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Dr. Posh Charak v. U. T. of J&K, (Jammu And Kashmir) : Law Finder Doc id # 2850089
