Land Classified As 'Shamilat-E-Deh' Is As Good As Proprietary Land: J&K High Court Directs Compensation For Acquisition

The Jammu and Kashmir High Court held that land classified as Shamilat-e-Deh, once shown as vested in the name of any person, is as good as proprietary land, and the owner is entitled to compensation upon its acquisition by the government.

The court said that, in view of the revenue records, the respondents cannot dispute or deny the petitioner's ownership over the land in question for the purpose of providing compensation after acquiring it for the construction of a ration depot/godown.

A bench of Justice Javed Iqbal Wani held that the land in question shall be deemed acquired and directed the respondent to compute the amount of compensation payable to the petitioner in lieu of the said land, along with solatium and interest of 6% p.a. on all sums due to the petitioner. The court held that under Article 300A of the Constitution, no person can be deprived of property without legal acquisition and fair compensation.

The court further held that the government cannot claim voluntary donation without documentary proof. It observed that it was highly improbable that an individual would donate land without any compensation or employment assurance. It added that the petitioner had continuously pursued compensation for over three decades, ruling out any voluntary surrender of the said land.

BACKGROUND

In this case, the petitioner provided his proprietary land (5 marlas) to the government in 1990 for constructing a ration depot/godown, on the assurance that one of his family members would be appointed to a Class-IV post in the department. Despite pursuing the matter for years, the government neither fulfilled its promise of employment nor provided any compensation for the land.

The government argued that the said land was Shamilat-e-Deh (common village land) and had been voluntarily donated by the petitioner; therefore, the petitioner was not entitled to any compensation.

The court held that Shamilat land, once shown to have been vested with any person, is as good as proprietary land, and any acquisition of the same entitles the owner to compensation. The court also pointed out that the petitioner's consistent pursuit of compensation for the past three decades rules out any possibility of voluntary donation in the absence of documentary evidence.

APPEARANCE:

Bakhat Parvaiz, Advocate FOR Petitioners

Hakim Aman Ali, Dy.AG. FOR Respondents

Case Title: Mohammad Shafi Beigh vs UT of J&K and Ors.

Citation: 2025 Livelaw (JKL) 63

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