SC orders J-K to compensate family for land taken in 1953

The Supreme Court on Monday directed the Jammu and Kashmir administration to pay compensation and rent to a descendant of farmers whose land was forcibly taken over in 1953 to build a police station at Kangan in Ganderbal, without any acquisition proceedings. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana heard the plea of Abdul Rashid Wani, who challenged a 2022 Jammu and Kashmir and Ladakh High Court order that dismissed his petition citing a delay of 68 years.

The high court had held that the claim suffered from gross and unexplained delay, noting that Wani, around 42 years old, had not explained why the matter was brought after so long. Wani argued his father was illiterate and could not approach the court earlier, but the high court did not accept this. The top court, however, considered Wani's plea that he should not suffer due to the state's illegal action.

The Supreme Court said it cannot order fresh acquisition now due to the delay, but directed the land acquisition officer to start proceedings from 2021, when Wani first approached the high court. It also ordered calculation and payment of rent from 1953. The final amount for acquisition and rent will be decided by the high court. The UT administration had opposed the petition, saying the police had been in possession since 1953 and records were hard to produce after so long.