Jammu and Kashmir High Court Orders Rental Compensation to Landowner After Army Occupies His Land Illegally Since 1978 in Tangdhar, Says 'Right to Property Is a Human Right'

The Jammu and Kashmir and Ladakh High Court recently directed the Union of India to pay rental compensation to Abdul Majeed Lone, a Tangdhar landowner whose property has been under military occupation since 1978 without due process. The court also said that the right to property is fundamental to human dignity and cannot be compromised without legal process and fair compensation. While ordering compensation, the bench of Justice Wasim Sadiq Nargal clarified saying, "The state in exercise of its power of “Eminent Domain” may interfere with the right of property of a person by acquiring the same but the same must be for a public purpose and therefore, reasonable compensation must be paid". The case pertained around a parcel of land in Tangdhar, Karnah, which was occupied by the Army in 1978 without initiating acquisition proceedings or paying any rent. Supreme Court Refuses To Entertain Plea Challenging Jammu and Kashmir LG’s Power To Nominate 5 Members to Assembly, Says ‘Go to the High Court’.

Right to Property Is Fundamental to Human Dignity, Says HC

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