SRINAGAR – The Jammu and Kashmir High Court has ruled that land classified as Shamilat-e-Deh, once vested in the name of an individual, is equivalent to proprietary land, making the owner eligible for compensation upon government acquisition.
A bench of Justice Javed Iqbal Wani directed authorities to compute and pay compensation to the petitioner, along with a 6% annual interest and solatium, for the land taken for the construction of a ration depot in 1990. The court emphasized that under Article 300A of the Constitution, no person can be deprived of property without legal acquisition and fair compensation.
Land Acquisition and Legal Ruling
The petitioner, Mohammad Shafi Beigh, had provided five marlas of land to the government in 1990, allegedly under the assurance that a family member would be appointed to a Class-IV government post. However, the petitioner neither received employment nor compensation despite pursuing the matter for over three decades.
The government argued that the land was Shamilat-e-Deh (common village land) and had been voluntarily donated, making the petitioner ineligible for compensation. The court, however, held that land vested in an individual is as good as proprietary land, entitling the owner to compensation.
The bench also rejected the government’s claim of voluntary donation, stating that there was no documentary proof to support it. The court observed that it was “highly improbable” that an individual would donate land without any compensation or employment assurance.
Directive to Authorities
The court ordered the Union Territory of J&K and its officials to treat the land as acquired and compensate the petitioner accordingly. It further ruled that the petitioner’s long-standing efforts to seek compensation negate any notion of voluntary surrender.
The ruling underscores the importance of property rights under the Indian Constitution and serves as a precedent for similar disputes involving Shamilat-e-Deh land in Jammu and Kashmir.
Case Details
Case Title: Mohammad Shafi Beigh vs UT of J&K & Ors.
Representation:
- Bakhat Parvaiz – Advocate for the petitioner
- Hakim Aman Ali, Dy. AG – Representing the respondents
The decision is expected to impact future land acquisition cases involving Shamilat-e-Deh classifications in the region.
(With inputs from LiveLaw)
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