The High Court of Jammu & Kashmir and Ladakh has recently ordered the Government of Jammu and Kashmir to vacate a police station situated on private land, which was being occupied without payment of rent or compensation to the owner [Abdul Ahad Shergojry V/s State of J&K and others].
The court order stated,
“The respondents cannot occupy any land of a private person without acquisition and payment of compensation as otherwise it results in the violation of the basic human rights as guaranteed under Article 300-A of the Constitution of India,” the judgment said.
The order was passed on a petition moved by one Abdul Ahad Shergijri who claimed to be the lawful attorney holder of some landed property in Kashmir’s Achhabal.
The petition submits that the land in question has been occupied by the State police since 2003 but the petitioner has not been offered any rent or compensation from the government.
The Court, in an order passed in 2017, had directed the respondent-State to pay the petitioner rent of the land as fixed by the District Rent Assessment Committee and compensation as approved by the competent authority upon private negotiations, from the year 2003 till date
However, despite the Court order and several opportunities granted in the past, the government took no measures to ensure the payment of rent and the compensation.
The court in response has within its order directed for the immediate vacation of the premises and payment of accrued debts to the landowner by the government. The order states,
“We direct the respondents to immediately vacate the property and handover its vacant possession to the petitioner and at the same time make payment of the rent from 16-03-2003 till date as per the rate fixed, within a period of six weeks from today or to file counter affidavit within such period,” the Court said.
The order directs that the respondents may either initiate proceedings for the acquisition of the land or to pay the compensation as has been fixed by the competent authority on negotiation.