In a significant judgment, the Jammu and Kashmir High Court has affirmed that land classified as 'Shamilat-e-Deh,' once vested in an individual's name, holds the same status as proprietary land. Consequently, owners of such land are entitled to compensation if the government acquires it. This ruling underscores the constitutional protection of property rights, emphasizing that no person can be deprived of their property without legal acquisition and fair compensation, as enshrined under Article 300A of the Indian Constitution.
The case in question involved petitioner Mohammad Shafi Beigh, who, in 1990, provided five marlas of his proprietary land to the government for the construction of a ration depot or godown. This action was based on the government's assurance that a member of his family would be appointed to a Class-IV position within the department. Despite the passage of over three decades and persistent efforts by the petitioner, the government neither fulfilled its employment promise nor compensated him for the land.
In defense, the government contended that the land was 'Shamilat-e-Deh,' or common village land, and asserted that the petitioner had voluntarily donated it. Therefore, they argued, he was not entitled to any compensation. However, the court, presided over by Justice Javed Iqbal Wani, dismissed this claim. The court noted that 'Shamilat-e-Deh' land, once vested in an individual's name, is equivalent to proprietary land. Thus, any acquisition of such land mandates that the owner receive due compensation.
The court further observed that the petitioner's unwavering pursuit of compensation over the past thirty years negated the possibility of a voluntary donation. It emphasized that it is highly improbable for an individual to donate land without any form of compensation or assurance of employment, especially in the absence of any documentary evidence supporting the claim of voluntary donation.
In its ruling, the court directed that the land in question be deemed acquired. It instructed the respondents to calculate and disburse the appropriate compensation to the petitioner. This compensation is to include solatium—a form of additional compensation for the distress caused by the acquisition—and interest at a rate of 6% per annum on all sums due. This directive aligns with the constitutional mandate that no person shall be deprived of their property without due process and fair compensation.
This judgment reinforces the sanctity of property rights within the legal framework of Jammu and Kashmir. It serves as a precedent, ensuring that individuals are justly compensated when their property is acquired for public purposes. The ruling also highlights the judiciary's role in upholding constitutional rights and providing redress when governmental assurances remain unfulfilled.
The case, titled "Mohammad Shafi Beigh vs. UT of J&K and Ors.," underscores the principle that governmental entities cannot bypass legal procedures or renege on promises made to citizens, especially concerning property rights. It affirms that 'Shamilat-e-Deh' land, once vested in an individual's name, carries the same rights and privileges as proprietary land, including the right to fair compensation upon acquisition.
In conclusion, the Jammu and Kashmir High Court's decision is a landmark affirmation of property rights, ensuring that individuals are protected against unauthorized deprivation of their property. It emphasizes the necessity for governmental accountability and adherence to constitutional provisions, particularly concerning the acquisition of private land for public use.
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