Srinagar: The High Court of Jammu and Kashmir and Ladakh has ruled that the right to property falls within the scope of human rights. On November 20, Justice Wasim Sadiq Nargal directed the Army to pay rent accrued over the last 46 years to Abdul Majeed Lone, whose 1.6-acre land in Tangdhar, near the LoC in Kupwara District, has been occupied by the Army since 1978.
The petition, filed by Lone in 2014, claimed that he had not received compensation or rent for the land. Justice Nargal emphasized that the property right has evolved beyond a mere constitutional or statutory right and now constitutes a human right, comparable to individual rights such as shelter, livelihood, health, and employment. Over time, the scope of human rights has grown to be multidimensional, he noted.
The court ruled that while the state, exercising its 'eminent domain' powers, can acquire private property for public purposes, it must provide reasonable compensation. The Centre’s counsel disputed the claim, asserting that the Army had not occupied the land, but the revenue department confirmed its possession since 1978. The court mandated a fresh survey and noted that the Army had retained the land since 1978 without compensating Lone.
In its judgment, the court stated that the state and its agencies cannot deprive citizens of their property except as permitted by law. It added that while Article 300A of the Constitution does not explicitly mention the obligation to pay compensation, it can be inferred from the article.
Justice Nargal underscored that the failure to compensate Lone constituted a violation of his fundamental rights and highlighted that any dispossession must adhere to legal procedures to ensure fairness.
With PTI inputs