46 years of unpaid rent: J&K court orders army to pay for occupied land

The J&K High Court has directed the Indian Army to pay 46 years of unpaid rent for land it has occupied since 1978, affirming property rights as human rights

The High Court of Jammu and Kashmir and Ladakh has directed the Indian Army to pay 46 years of outstanding rent to a petitioner whose land it has allegedly occupied since 1978. The court emphasised that the right to property is not only a constitutional or statutory right but is also recognised as a fundamental human right, reported The Indian Express.

 

The petitioner, Abdul Majeed Lone, a resident of Tangdhar in North Kashmir’s Kupwara district, sought the court’s intervention in recovering the unpaid rent from the Army. The bench, led by Justice Wasim Sadiq Nargal, issued the order on November 11, 2024.

 

 

What’s the court observation?

 

The land in question, measuring 12 kanals and 14 marlas, is located in Tangdhar village. According to the court order, human rights encompass not just personal freedoms but also the right to shelter, livelihood, and fair compensation, which includes rental payments for occupied land. “Human rights have been considered in the realm of individual rights, such as the right to shelter, livelihood, health, employment, etc, and over the years, human rights have gained a multifaceted dimension,” the court said.

 

Army’s land occupation violated rights?

 

Despite the Army’s occupation of the land, no rent had been paid to Lone, prompting the legal action. A report submitted by the revenue department confirmed that the Army was in possession of the land, and the court ruled that this occupation violated the petitioner’s constitutional rights. The court further dismissed claims by the Centre and the Army that the land was never occupied, stating that the claim “does not sustain the test of law and is rejected.”

 

How will the compensation be assessed?

 

In response, the court has instructed the Deputy Commissioner of Kupwara to form a team of Revenue officers, headed by the local tehsildar, to assess the rental compensation for the land. The team is expected to complete the assessment within two weeks, and the rent must be paid to the petitioner within one month of receiving the report.

 

The ruling also reinforced that the state and its agencies cannot dispossess citizens of their property without following due legal procedures. While compensation is not expressly stated in Article 300A of the Constitution, the court held that it could be inferred from the article’s provisions.