SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has instructed the Union Ministry of Defence to settle outstanding rental dues of Rs 2.49 crores to twenty-four families comprising Displaced Persons (DPs) from Pakistan-Occupied Kashmir (PoK). This directive follows the “illegal and forceful takeover of their land by the Indian Army in 1978.”
Justice Wasim Sadiq Nargal noted that the Indian Army occupied the land allocated to displaced persons in 1953 without due process and without providing any rental compensation since 1978.
“The land allotted to the DPs for their rehabilitation cannot be taken away without payment of rentals or compensation through due legal processes,” the Court emphasised.
The Court determined that the Central government’s acquisition of the land was illegal and unconstitutional, stating that if the government wished to retain the land, it must follow the legal process, including compensation payment.
“The Union of India is obligated to pay the rental compensation assessed by the State Government to the petitioners and initiate the formal land acquisition process, if desired, in accordance with the law,” the Court asserted.
The judgment, based on petitions from descendants of displaced persons from PoK, who were allotted land in 1953, concluded that the Indian Army took over their land in 1978.
Despite various committees determining a rental compensation of Rs 2.49 crores, agreed upon by the Central Government during committee proceedings, the payment was never made. Consequently, the displaced persons sought relief from the High Court in 2018.
On December 14, 2023, the High Court ruled that the Union of India has been in unauthorised occupation of the land since 1978, violating the basic rights of the petitioners without due legal process.
The Court stressed the constitutional right to property under Article 300A of the Constitution of India, asserting that the petitioners could not be deprived of such rights without due legal process. The Court inferred the obligation to pay compensation from Article 300A.
In response, the High Court granted the displaced persons’ petition, directing the authorities to pay Rs 2.49 crores in rental compensation (up to 2009) to the lawful claimants after necessary verification within a month. Additionally, the Court instructed estimating and paying the additional rent from 2009 onwards under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within one month.
The bench warned that interest at a rate of 6 per cent per annum would apply if all the rental compensation is not paid within the specified timelines. Advocate Jagpaul Singh represented the petitioners, while Central Government Standing Counsel Sandeep Gupta represented the Central government, and Senior Additional Advocate General Monika Kohli appeared for the Deputy Commissioner, Jammu.
