In a landmark decision, the High Court of Jammu and Kashmir and Ladakh has recognized the right to property as a fundamental human right. The ruling came in response to a petition by Abdul Majeed Lone, who sought the return of a 1.6-acre plot of land occupied by the Army since 1978.
Justice Wasim Sadiq Nargal instructed the Army to pay accumulated rent for the land within one month. The court highlighted the expanding scope of human rights, which now encompasses property rights alongside essential needs such as shelter and livelihood.
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Justice Nargal stated, “The right to property is now considered not only a constitutional or statutory right but it falls within the realm of human rights. Human rights have been considered in the realm of individual rights such as the right to shelter, livelihood, health, employment etc and over the years, human rights have gained a multifaceted dimension.”
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The court determined that the Army had been in possession of the land since 1978, contrary to the claims made by the Centre’s counsel. This was corroborated by records from the revenue department.
“The facts mentioned above clearly reveal that the respondents have violated the basic rights of the petitioner and have deprived him of the valuable constitutional right without following the procedure as envisaged under law,” court noted.
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