Army told to pay 46 years’ pending rent to Kashmiri man for ‘occupying’ his land

Abdul Majeed Lone, from the Tangdhar country of Kupwara successful North Kashmir, had filed a petition seeking the court’s involution successful collecting rent from the Army. The Bench, headed by Justice Wasim Sadiq Nargal, issued the bid connected November 11.

The land, measuring 12 kanals and 14 marlas, is located astatine Tangdhar village.

The tribunal bid said, “Human rights person been considered successful the realm of idiosyncratic rights, specified arsenic close to shelter, livelihood, health, employment, etc and implicit the years, quality rights person gained a multifaceted dimension.”

Noting that nary rent was ever paid to the petitioner, the bid said that arsenic per a study submitted by Revenue authorities, the onshore is successful possession of the Army. “The respondents, without pursuing owed process of law, person acquired the onshore of the petitioner, that excessively without paying the rental compensation to him, which is violative of the Constitutional close of the petitioner,” the tribunal observed.

Dismissing claims by the Centre and the Army that the second “had ne'er occupied the land”, the tribunal said that the assertion “does not prolong the trial of instrumentality and is rejected”.

Additionally, Kupwara’s Deputy Commissioner has been directed to represent a squad of Revenue officers wrong 2 weeks, headed by the tehsildar concerned, to “take indispensable steps for appraisal of rental compensation with respect to the concern of onshore successful question by the Army”.

The tribunal said the rent, connected the ground of the appraisal report, should beryllium paid to the petitioner wrong a play of 1 onth from the day of receipt of the appraisal report.

The bid besides said the State and its agencies “cannot dispossess a national of his spot but successful accordance with process established by law. The work to wage the compensation, though not expressly included successful Article 300A, tin beryllium inferred from the said Article.”