Right To Property Is A Basic Human Right Which Is Akin To A Fundamental Right: J&K&L High Court

The High Court of Jammu and Kashmir and Ladakh recently held that the Right to Property is a basic human right that is akin to a fundamental right as guaranteed by Article 300 A of the Constitution of India.

The Bench of Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani were adjudicating upon a writ petition whereby the petitioner alleged that his land was acquired by the respondent-Union Territory of J&K and others for the construction of the long Steel Girder Bridge. He alleged that the land was acquired without his consent and that no compensation was paid to him.

The Court observed that the private land of the petitioner was taken over by the respondents forcibly without the consent of the petitioner and without taking recourse to any procedure prescribed in law.

The Court held that the respondents had violated the basic human right of the petitioner and deprived him of his property without following any procedure of Law.

The Court directed the respondents- Union Territory of J&K and others to assess and determine the compensation of the aforesaid land payable to the petitioner at the stamp duty rate as prevalent today in the area within a period of 6 weeks. The Court directed them to make payment thereof within a further period of 3 months.

The Court also ordered them to pay token rental compensation for the use and occupation of the aforesaid land from the year 2017 till 2021 @ Rs. 1.00 lac per year within 3 months.

Further, the Court imposed a penalty of Rs. 10 Lakh on the respondents for violation of the right to property of the petitioner and directed that the said amount to be paid to the petitioner within 3 months.

Click here to read/download the Order