NEW DELHI, Aug 17: The Supreme Court on Monday directed the Jammu and Kashmir administration to pay compensation and rental dues to a descendant of farmers whose land was taken over more than seven decades ago for constructing a police station in Kangan, Ganderbal.
The land, measuring seven kanals and 18 marlas, was taken over in 1953 without acquisition proceedings or payment of compensation. A police station was subsequently constructed on the property.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana heard a plea filed by Abdul Rashid Wani, who challenged a 2022 decision of the Jammu and Kashmir and Ladakh High Court.
The High Court had dismissed his petition seeking possession of the land, citing a delay of 68 years. Wani argued before the Supreme Court that the prolonged delay should not prevent relief when the original occupation of the land by the authorities was without following the legal acquisition process.
The Supreme Court said that, given the passage of nearly seven decades, it could not order fresh acquisition proceedings from 1953. However, the bench directed the land acquisition officer to initiate acquisition proceedings from the date Wani approached the High Court in 2021.
The court also directed the land acquisition officer to calculate the rental amount payable to Wani for the use of the property from 1953 onwards. The final amount towards land acquisition and rentals will be decided by the High Court.
The case concerns land bearing survey number 525 at Mouza Kangan in Ganderbal district. The petitioner had claimed that his predecessors were the owners of the seven kanals and 18 marlas of land.
The Supreme Court’s direction provides relief to the landowner’s descendant while recognising that the long delay in approaching the courts cannot erase the consequences of the State’s alleged failure to follow the proper acquisition process.
