The Right to Property is a Basic Human Right Akin to a Fundamental Right Guaranteed by Article 300A – J&K and Ladakh HC

Case: Shabir Ahmad Yatoo V/s UT of J&K and Ors.

Bench: Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani of the High Court of  Jammu & Kashmir and Ladakh

The J & K and Ladakh High Court recently held that the right to property is a basic human right akin to a fundamental right guaranteed by Article 300A of the Constitution. No one can be deprived of their property other than by following the procedure stipulated by the law.

FACTS

In this case, a petition was moved by a man alleging possession of his private land for the construction of a long steel girder bridge by the Government Roads & Building department (R&B Department) without his consent and without following the prescribed law for land acquisition. The facts were not disputed and were clear that the private land of the petitioner was possessed by the respondent in the manner alleged.

The bench further found that the petitioner was not paid any compensation through the assessment of the compensation as per the stamp duty rate.

HELD

The Court held that this was a violation of the petitioner's rights and ordered the government to pay a special penalty of Rs10 lakh to the petitioner for taking his private land without his consent and without paying him any compensation. The government was further directed to assess the land compensation at the stamp duty rate as prevalent today within a period of six weeks and to make the payment within three months.

In addition, the respondents were ordered to pay rental compensation for the use and occupation of the land from 2017 to 2021 at the rate of ₹1 lakh per year.