Excelsior Correspondent
JAMMU, Oct 16: High Court of Jammu & Kashmir and Ladakh has dismissed Food Corporation of India (FCI) appeal and upheld the writ court’s order directing the Corporation to either return a piece of land at Channi Himmat, Jammu, or initiate acquisition proceedings in accordance with law.
The Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal held that FCI was in unauthorized occupation of land measuring 3 kanals, 9 marlas and 73 sq. ft. belonging to the petitioners, and ruled that delay and technical objections cannot defeat citizens’ constitutional right to property.
The case, originally filed by Baldev Raj Mahajan (since deceased, represented by legal heirs), revolved around allegations that FCI had forcibly occupied his land in 1993-2000 for construction of godowns without following proper acquisition procedure. While FCI argued that the land was handed over in 1976 through Government acquisition and boundary construction, the Court rejected this claim after survey reports confirmed unauthorized occupation.
Senior Advocate M K Bhardwaj with Ahtsham Hussain Bhat appeared for FCI, while Senior Advocate Sunil Sethi with Paras Gupta represented the landowners.
Citing the Supreme Court’s rulings in Vidya Devi Vs State of HP and Madras Port Trust Vs Hymanshu International, the Bench stressed that State instrumentalities cannot take shelter under technicalities like “delay and laches” or adverse possession to defeat citizens’ rights. The High Court observed that the right to property, though no longer a fundamental right, is a constitutional right under Article 300-A and recognized as a human right.
Concluding that FCI’s occupation was unauthorized, the Court directed compliance with the earlier order – either return the land to the petitioners or acquire it under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
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