"Right To Property Is Basic Human Right": J&K&L High Court Imposes ₹10 Lakh Penalty On Govt. For "Forcibly" Taking Over Private Land

The Jammu and Kashmir and Ladakh High Court has imposed a cost of Rs. 10 lakh on the UT administration for forcibly taking over a private land, without following due procedure of law.

A division bench comprising of Chief Justice Pankaj Mithal and Justice Javid Iqbal Wani observed,

"It is well recognized that Right to Property is a basic human right which is akin to a fundamental right as guaranteed by Article 300 A of the Constitution of India and that no one can be deprived of his property other than by following procedure prescribe in law."

The Court also directed the administration to pay token rental compensation for the use and occupation of the aforesaid land from the year 2017 till 2021 i.e., 05 years @ Rs. 1.00 lac per year within 3 months from today.

The petitioner's specific allegation was that back in 2017, the R&B Department took possession of his land for construction of the long Steel Girder Bridge at Zalpora Sultanpora Sumbal, Bandipora. However the possession was taken over without formally acquiring the said land in accordance with any statutory provision or with the consent of the petitioner.