[Article 300A] Right to property akin to fundamental right: Jammu & Kashmir High Court

The High Court of Jammu & Kashmir and Ladakh recently held that the right to property is a basic human right akin to a fundamental right guaranteed by Article 300A of the Constitution of India [Shabir Ahmad Yatoo V/s UT of J&K and Ors.]..The bench of Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani further held that no one can be deprived of their property other than by following the procedure prescribed by the law."Right to property is a basic human right which is akin to a fundamental right as guaranteed by Article 300A of the Constitution of India and that no one can be deprived of his property other than by following procedure of Law," the Court said in its order..The Court was considering a petition moved by a man alleging that the Government Roads & Building department (R&B Department) took possession of his private land for construction of a long steel girder bridge at Zalpora Sultanpora Sumbal, Bandipora without his consent and without following the law laid down for land acquisition.The facts were not disputed in Court and it was clear that the private land of the petitioner had been taken over by the respondent-government in the manner alleged.The Court also found that the petitioner had not been paid any compensation in respect of the said land though the determination/ assessment of the compensation was underway as per the stamp duty rate..This was a violation of the rights of the petitioner, the Court held, and directed the government to pay special penalty of ₹10 lakh to the petitioner for forcibly taking his private land without consent and without paying any compensation to him."On account of violation of the right to property of the petitioner which is guaranteed by the Constitution, the respondents are directed to pay special penalty of ₹10 lakh to the petitioner within a period of three months," the order stated.The government was also directed to assess and determine the compensation of the land payable to the petitioner at the stamp duty rate as prevalent today in the area within a period of 6 weeks and to make the payment within a period of 3 months.The respondents were also directed to pay 3 months within token rental compensation for the use and occupation of the land from the year 2017 till 2021 i.e., 05 years at the rate of ₹1 lakh per year. .[Read Order]