Right To Property Is A Fundamental Right In The State Of J&K: HC

Jammu, July 21: In OWP No. 1408/2009, IA No. 1823/2009, titled Varsha Mahajan and others vs. State of J&K and others, Hon’ble Mr. Justice Janak Raj Kotwal, Judge after hearing onserved that objections on behalf of the respondents have not been filed in spite of last opportunity having been granted on 27.04.2018.

Having regard to the case set up by the petitioners and their grievance, this petition is admitted to hearing, with the consensus of learned counsel on each side, taken up for final disposal. Petitioners claim to be the owner of land measuring approximately 12 Marlas (3260 sqr. ft) situate at Mohalla Gandu-ki-Chowani, Maheshi Darwaza, Jammu, having purchased the same from its owners, namely, S. Maharban Singh, S. Parbrahm Singh and Gurdeep Singh by virtue of a sale deed registered before the learned Registrar Jammu dated 02.12.1981. Copy of the sale deed is annexed as annexure-A to the petition.

Petitioners claim to have applied to respondent No. 2 for permission to construct a commercial complex on the said land. Annexures- B, C, D and E to this writ petition would show that petitioners’ case for grant of approval to the building plan is pending with the Jammu Municipal Corporation since the year, 1998 and in that process no objection certificates have been issued by OWP No. 1408/2009, IA No. 1823/2009 Page 2 of 2 the Traffic Police, Chief Town Planner, Sr. Superintendent of Police, Jammu and Executive Engineer, Electric M&RE Division, Jammu.

Grievance of the petitioners, however, is that respondents without the knowledge and intimation to the petitioners and without adopting the due course of law, have started the process and taking steps to evict the petitioners from the subject land. It hardly needs to be stated that no one can be dispossessed from his property otherwise than in due course of law and to say specifically, no private property can be used for any public purpose without duly acquiring the same.

It is important to say that right to property is a fundamental right in the State of Jammu and Kashmir. Legal position being clear, this petition is disposed of by issuing a direction to the respondents that the petitioners shall not be dispossessed of their property and this property shall not be used for any public purpose otherwise than following the due course of law and/or duly acquiring the same in the prescribed legal procedure. 

 

 

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