Srinagar: The High Court of Jammu & Kashmir and Ladakh ordered the Government of Jammu and Kashmir to vacate Achabal police station, located in South Kashmir’s Anantnag district which is operating on private land and occupied without payment of rent or compensation to the owner, [Abdul Ahad Shergojry V/s State of J&K and others].
A bench of Chief Justice Pankaj Mithal and Justice Moksha Khajuria Kazmi ruled that the State cannot occupy land belonging to private persons without acquisition and payment of compensation and doing so would be violative of the basic human rights guaranteed under Article 300-A of the Constitution of India, reported Bar and Bench.
"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 Abdul Ahad Shergijri who claimed to be the lawful attorney holder of some landed property in Kashmir's Achhabal.
It was submitted that the land was under the occupation of the State police since 2003 but that the petitioner had not been paid any rent or compensation for the same.
Earlier, the Court, in an order said 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 2003 till date.
However, despite the Court order and repeated opportunities granted in the past, the rent and the compensation has not been paid.
Therefore, the Court directed the police to vacate the land on which the Police Station Achhabal in Anantnag District is constructed, hand over the land to owner, and pay him the accrued rent.
"We direct 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.
Further, it said 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.