The High Court of Jammu and Kashmir and Ladakh recently stated that owning property is not only a legal or constitutional right but also a basic human right. On November 20, Justice Wasim Sadiq Nargal ruled that the Army, which had been using a person’s land since 1978 without paying rent, must now pay for all 46 years of rent within one month.

In 2014, Abdul Majeed Lone filed a case saying that he owns 1.6 acres of land in Tangdhar, near the Line of Control in Kupwara district. He said the Army took his land in 1978 but never gave him any rent or compensation for it.

Land cannot be taken without compensation, says court

Justice Nargal stated that human rights include key personal rights such as shelter, livelihood, health, and property. He explained that while the government has the power to acquire land for public use, known as "eminent domain," it must provide fair compensation.

The Army first said they had not taken the land. However, a new survey by the revenue department showed that the Army had been using the land since 1978. The court decided that the landowner's rights were violated because proper legal steps were not followed, and he was not paid for his land.

“The state and its agencies cannot take away a citizen’s property without following the law,” the court emphasized. Justice Nargal further explained that while Article 300A of the Constitution protects the right to property, it also implies that reasonable compensation must be given for land acquired.

The court noted that the petitioner’s basic rights had been disregarded, and the long delay in providing justice was unacceptable. By ruling in favour of the landowner, the court reinforced the importance of protecting property rights as a fundamental part of human rights. This verdict sends a strong message about the accountability of state actions and the protection of individual rights.