ABDUL AHAD SHERGOJRY Vs. STATE OF J&K

JUDGEMENT

(1.) The land measuring 6½ marlas falling under khasra no. 604 situate at Achabal Tehsil and District Anantnag, is under occupation of the police since 16/2/2003. The petitioner who is the owner of the said land has not been paid even the rental and any compensation of the said land.

(2.) On the petition being filed, the Court vide order dtd. 31/8/2017 had directed that the respondents shall pay the petitioner rent of the land as fixed from the year 2003 till date by the District Rent Assessment Committee and compensation as approved by the competent authority upon private negotiations at the rate of Rs.15.00 lakhs per kanal.

(3.) Despite the above order and several opportunities granted in the past, the rental and the compensation has not been paid. The respondents cannot occupy any land of a private person without acquisition and payment of compensation as otherwise it results in the violation of the basic human rights as guaranteed under Article 300-A of the Constitution of India.