Excelsior Correspondent
SRINAGAR, Mar 14: The High Court has directed the Irrigation and Flood Control (I&FC) Department for proper acquisition of land which has been in its possession for the last 6 decades without acquisition.
The appeal was filed by the I&FC against the writ court judgment passed in 2013, directing the respondents to initiate and finalize the acquisition proceedings, if the land of the respondent-owners is required by them, in accordance with rules and pay the compensation.
The appellant court recorded that the Government cannot forcibly occupy the land of the citizen without adopting due course of law, and, even in case of the forcible possession by the State or its functionaries, the State is under legal obligation to compensate the owner who has been deprived of his land.
Taking note of the affidavit filed by the Deputy Commissioner Budgam, that the appellant-Department is in possession of excess land measuring 01 kanal and 16 marlas of the respondent-owner, Justice Rajnesh Oswal and Justice Mohan Lal directed that in case the appellant-department intend to retain the excess land, it shall initiate and finalize the process of acquisition of the land measuring 01 kanal and 16 marlas of the respondent within the period of three months from the date a copy is served upon the appellants.
Deputy Advocate General, appearing for the appellants-department vehemently argued that the writ Court has passed the judgment in utter disregard of SRO-154 as the owner of the land could not have filed the writ petition after 60 years of the acquisition of the possession by the Appellant Department.
However, the counsel for owner of the land counsel submitted that the SRO-154 dated 07.03.1986, was not applicable in the instant case, because under the SRO, the compensation could not have been paid to the persons who had donated the land and the possession has been taken by the department concerned before the year 1971.
The counsel further argued that the appellant-department cannot take the plea that the respondent has approached the Court after 60 years, as the right to property, though not a fundamental right, but continues to be a constitutional right in terms of Article 300-A.
Court said the affidavit filed by the Deputy Commissioner, Budgam reveals that the department of Irrigation and Flood Control is in possession of excess land measuring 01 kanal and 16 marlas, which has been found as deficit in the possession of the private respondent.
Court after perusal of the SRO 1986 said, there is nothing on record to demonstrate that the respondent-owner ever donated the land measuring 01 kanal and 16 marlas to the appellants-department as such, the contention raised by the department that the land in question was donated by the owner is rejected.
“Once this Court has come to the conclusion that the SRO-154 of 1986, is not applicable in the present case, then the appellant-authorities are bound to pay compensation to the respondent-owner”, read the judgment.
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