In a landmark judgment, the High Court of Jammu & Kashmir and Ladakh delivered a stern reprimand to the Union Territory administration for the arbitrary and clandestine demolition of properties belonging to Abdul Majid, a 69-year-old resident of Bathindi, Jammu. The court not only declared the demolition illegal but also restored Majid's ownership rights, awarding him ₹76.4 lakh in compensation for damages and an additional ₹10 lakh as punitive costs for the "clandestine and high-handed" actions of the authorities. Justice Wasim Sadiq Nargal, presiding over the case, directed the Chief Secretary of the Union Territory to conduct an in-depth enquiry within two months to ensure accountability of individual officers who acted in violation of the law.
The dispute revolved around 12 kanals of land that Majid had legally acquired through registered sale deeds between 2000 and 2004. The land had been duly mutated in his favor, and in 2012, he constructed the "Grand Hill" restaurant after obtaining the necessary permissions. However, in 2020, the Tehsildar of Jammu abruptly canceled the mutations, citing irregularities under Government Orders LB-6/C (1958) and S-432 (1966), which originally granted proprietary rights to occupants of state land. Subsequently, in 2022, the Forest Department demolished Majid's structures, claiming the land was forest property.
Majid challenged the cancellation of mutations and the demolition, arguing that there were violations of natural justice, misinterpretation of the aforementioned government orders, and a lack of due process. The respondents, including the Revenue and Forest Departments, contended that the mutations were fraudulent and that the land was categorized as "Banjar Qadim" (barren) or "Ghair Mumkin" (uncultivable), making it ineligible for regularization.
In its detailed judgment, the court addressed several critical questions pertaining to administrative overreach, property rights, and the interpretation of the government orders in question. Notably, the court held that the writ petition was maintainable despite Majid not directly challenging the Collector's order, as the Tehsildar's derivative order, based on the Collector's directive, violated his rights. The court observed that the respondents had concealed the Collector's order, which was a crucial piece of evidence.
The court emphasized that the demolition was carried out without following the principles of natural justice and due process of law. It highlighted that the authorities acted in a clandestine and high-handed manner, demolishing the structures without providing Majid an opportunity to be heard or to contest the claims regarding the land's status. Such actions, the court noted, were in clear violation of constitutional protections and the rule of law.
Furthermore, the court criticized the misuse of the government orders LB-6/C and S-432 by the authorities to justify the cancellation of mutations and subsequent demolition. It clarified that these orders were intended to grant proprietary rights to occupants of state land and that the respondents' interpretation was flawed and unjustified. The court underscored the importance of adhering to legal procedures and respecting individuals' property rights.
In light of these findings, the court awarded Majid ₹76.4 lakh in compensation for the damages suffered due to the illegal demolition and an additional ₹10 lakh as punitive costs to deter such arbitrary actions by authorities in the future. The court also mandated the Chief Secretary to conduct a thorough enquiry to identify and hold accountable the officials responsible for the unlawful actions, ensuring that appropriate penal measures are taken.
This judgment serves as a significant precedent in upholding the sanctity of property rights and the necessity for administrative authorities to act within the bounds of law. It reinforces the principle that any action affecting an individual's rights must be carried out with transparency, fairness, and adherence to due process, thereby safeguarding citizens against arbitrary state actions.
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