The High Court of Indian illegally occupied Jammu and Kashmir has directed the Indian Ministry of Defence to settle pending rental dues of Rs 2.49 crores for twenty-four families whose land is under illegal possession of Indian Army.
According to Kashmir Media Service, the Indian army had forcibly taken over the land of these families, consisting of Displaced Persons from Azad Jammu and Kashmir, in 1978 without proper legal procedures and compensation. Justice Wasim Sadiq Nargal stated that the Indian Army had occupied the land allotted to the displaced persons in 1953 unlawfully, without due process and without compensating the owners since 1978.
The court emphasized that once land is allocated for rehabilitation, it cannot be taken away without proper legal procedures or compensation.
The court declared that the Indian government’s acquisition of the land was illegal and unconstitutional. It said if the government wishes to retain the land, it must follow legal procedures, including paying compensation. The Union of India was deemed legally obligated to pay the rental compensation determined by the administration of occupied Kashmir to the petitioners.
The judgment, pertaining to a batch of petitions by descendants of AJK displaced persons, highlighted that the Indian Army took over their land in 1978. Committees were formed over the years to determine compensation, and Rs 2.49 crores were agreed upon for the period from January 1, 1978, to March 31, 2009, but the payment was never made.
The High Court, in its decision on December 14, 2023, affirmed that the Indian government had been in unauthorized occupation of the land since 1978, violating the basic rights of the petitioners.—Agencies
