J&K High Court orders ₹86 lakh compensation for arbitrary demolition, cancellation of land rights after 62 years

The High Court of Jammu and Kashmir and Ladakh recently ordered the Jammu and Kashmir administration to pay ₹86.4 lakh to compensate Abdul Majid, a 69-year-old resident whose property was found to have been arbitrarily demolished by the authorities. .Justice Wasim Sadiq Nargal found that the government had given rights over the land in question as far back as 1958 to those from whom Majid had bought the land between 2000 and 2004. While so, the Court questioned how the government could have changed its mind 62 years later in 2020, when it cancelled certain land record entries in Majid's favor. "Under what circumstances did the concerned Tehsildar conduct a one sided inquiry on 12.09.2020, i.e., 62 years later, resulting in a report indicating that the beneficiary (from whom Majid bought the land) had not cultivated the land during the critical cropping period and thus was not recognized as a tenant-at-will for the land? ... Once proprietary rights have been granted to the cultivators of State land, the Government cannot, after 62 years, reverse this decision ... The Government, after maintaining a prolonged silence for 62 years, has emerged from its inertia and adopted a position that astonishes the Court’s conscience, which is impermissible under the law and contradicts the established record," the Court said..The Court further noted that 18 years had passed since Majid acquired the land through valid sale deeds before mutation entries in his favour were cancelled in 2020. Further, a hotel constructed by him on the land in 2012 was demolished in 2022, 9 years after he had been operating the business..Executive seems to have emerged from a profound slumber to execute the demolition in a highly secretive, unlawful manner.Jammu and Kashmir High Court.Justice Nargal termed the government's conduct shocking and arbitrary. "The executive in this case seems to have emerged from a profound slumber to execute the demolition in a highly secretive and unlawful manner, neglecting to adhere to the due process of law," he added. .The Court also criticised the authorities for carrying out the demolition on a Sunday, when courts were closed."On 27 March 2022, which serendipitously occurred on a Sunday when the courts were closed, the second respondent (DFO), accompanied by a team of officers and police personnel, conducted the unlawful demolition of structures on the petitioner's property. The eviction was executed surreptitiously, without compliance with the legal protocols or stipulations prescribed by law. This action was done without due process and constituted an arbitrary exercise of power and an abuse of authority. The respondents' conduct in this case are unlawful, representing an abuse of authority and directly violating the petitioner's rights under the law. The Court determines these actions to be arbitrary, void and violative of principles of natural justice," it noted. .By way of background, Majid had purchased the land between 2000 and 2004. In 2012, he built a restaurant named "Grand Hill" after obtaining the requisite permissions.In 2020, the Tehsildar at Jammu cancelled mutations (process by which land record entries are updated) in Majid's favour. In 2022, the Forest Department demolished the construction put up by Majid on the land, claiming that it was forest property.The government had taken such action on allegations that rights over this land could not have been regularised and that there was an encroachment of forest land.Majid filed two writ petitions against these actions, one in 2021 (against the cancellation of mutation entries) and one in 2022 (against the demolition of property)..The Court on May 7 allowed the two petitions filed by Majid. It reinstated Abdul Majid’s ownership rights, and awarded him ₹76.4 lakh as compensation for damages, along with an additional ₹10 lakh in punitive costs for the government's "clandestine and high-handed" conduct.Further, the Court also ordered an inquiry into the officials who were responsible for carrying out the eviction proceedings in violation of the law."The Chief Secretary of the Union Territory of J&K is also directed to conduct an in-depth enquiry within a period of two months from today and on the basis of the findings of the said enquiry, take suitable action including penal measures to ensure accountability of individual officers who have acted in violation of the law in the instant case," the Court directed..Advocates Sakal Bhushan and Rahul Sharma appeared for Majid.Senior Additional Advocate General Monika Kohli and Deputy AG Vishal Bharti appeared for the Jammu and Kashmir government and the local authorities in Jammu. .[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.