• About us
  • Contact us
  • Our team
  • Terms of Service
Wednesday, June 17, 2026
Kashmir Images - Latest News Update
Epaper
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER
No Result
View All Result
Kashmir Images - Latest News Update
No Result
View All Result
Home TOP NEWS

Citizen cannot be barred from raising claim due to delay in pursuing his/her assertion: HC 

Images News Netwok by Images News Netwok
October 29, 2022
in TOP NEWS
A A
0
PIL seeks HC intervention for establishing daycare centres, old-age homes for elderly
FacebookTwitterWhatsapp

Srinagar: The J&K High Court today held that the unauthorized occupation of immovable property of citizens by the State gives recurring cause of action to the aggrieved citizens.

The court held that a citizen cannot be barred from raising his/her claim due to an unreasonable delay in pursuing his/her assertion.

More News

CM calls for transparent, efficient urban development

JK Bank signs MoU with Centre for pension-related services

As rains lash, strong winds damage houses, shops in parts of Kashmir; MeT forecasts wet spell till June 22

Load More

The significant judgment was passed in the case of Amina Begum, an elderly woman from Budgam, who wanted compensation for her land measuring 37 kanals and 8 marlas at Chaki Sheera of Tehsil Khan Sahab. The land has been under unauthorized occupation of the Horticulture department of J&K Government.

The land was taken over by the department in 1958 from the petitioner’s father on the basis of oral lease. The petitioner pleaded through her counsel Miyan Abdul Qayoom that during the lifetime of her father, no rental compensation was ever paid, nor was it ever offered to her after the death of her father.

The petitioner said that at the time of her father’s death she was minor and was not aware about the occupation of the land by the State. It was only after she attained majority and came to know that a big chunk of land belonging to her father was under the unauthorized occupation of the Horticulture department, which was/is not paying any compensation, rental or otherwise.

She approached different authorities including the then Minister, Department of Horticulture to intervene in the matter.  Some correspondence between the different functionaries of the government ensued but without any fruitful results.

This constrained her to file a writ petition in 2012 which was dismissed in 2019. The case was dismissed on the ground that it is hit by delay and latches, for there had been a delay of about 54 years in approaching the court. She then filed an appeal against the judgment.

A division bench involving Justices Sanjeev Kumar and Wasim Sadiq  Nargal after hearing the parties held “the unauthorized occupation by the State of the immovable property of its citizens gives recurring cause of action to the aggrieved citizen and therefore, delay and latches cannot come in the way of such citizen to assert his rights before constitutional court.”

It held that the land belonging to the petitioner is under unauthorized occupation of the respondents since 1958 and continues to be so even as on date.

“It is well settled that the State cannot plead adverse possession in respect of the land of its citizens under its unauthorized occupation. The plea of waiver and estoppel is not attracted in such a situation,” the judges said.

They directed the respondents “either to return the subject land to the petitioner within a period of two months from today or initiate steps for acquiring it in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 within the aforesaid period.”

In case respondents desire to return the subject land to the petitioner, in such a situation, the Deputy Commissioner concerned shall work out the rental compensation to be paid to the petitioner in accordance with law for the period since 1958 till the land is actually returned to the petitioner, the court directed further.

 

Previous Post

Govt re-constitutes Professional Board of Anantnag Central Cooperative Bank Ltd

Next Post

Union Defense Minister e-inaugurates Hajibal-Z Gali-Machill road

Images News Netwok

Images News Netwok

Related Posts

CM calls for transparent, efficient urban development

CM calls for transparent, efficient urban development
June 17, 2026

    Srinagar, Jun 16: Chief Minister Omar Abdullah on Tuesday called for transparent, efficient and sustainable urban development, stressing...

Read moreDetails

JK Bank signs MoU with Centre for pension-related services

J&K Bank Promotes 694 employees across scales
June 17, 2026

Srinagar: Jammu and Kashmir Bank on Tuesday signed an MoU with the Union Ministry of Personnel, Public Grievances and Pensions...

Read moreDetails

As rains lash, strong winds damage houses, shops in parts of Kashmir; MeT forecasts wet spell till June 22

As rains lash, strong winds damage houses, shops in parts of Kashmir; MeT forecasts wet spell till June 22
June 17, 2026

Srinagar: Several parts of Jammu and Kashmir witnessed gusty winds, rain and thundershowers on Tuesday afternoon as the Meteorological Centre...

Read moreDetails

Union MoS Ajay Tamta reviews J&K highway projects, highlights ₹1.35 lakh crore infrastructure push

Union MoS Ajay Tamta reviews J&K highway projects, highlights ₹1.35 lakh crore infrastructure push
June 17, 2026

JAMMU: Union Minister of State for Road Transport and Highways Ajay Tamta concluded a two-day visit to Jammu and Kashmir...

Read moreDetails

Police attach drug peddlers’ properties worth Rs 4 crore

Three OGWs held in Pulwama: Police
June 17, 2026

Srinagar: Police attached properties worth Rs 4 crore belonging to three drug peddlers in Pulwama and Srinagar districts on Tuesday,...

Read moreDetails

All arrangements in place for Amarnath Yatra: Jitendra Singh

BJP broke alliance with PDP over discrimination against Jammu: MoS PMO
June 17, 2026

Srinagar: Union Minister Jitendra Singh on Tuesday said all arrangements, including security, have been put in place for the smooth...

Read moreDetails
Next Post
Union Defense Minister e-inaugurates Hajibal-Z Gali-Machill road

Union Defense Minister e-inaugurates Hajibal-Z Gali-Machill road

  • About us
  • Contact us
  • Our team
  • Terms of Service
E-Mailus: kashmirimages123@gmail.com

© 2025 Kashmir Images - Designed by GITS.

No Result
View All Result
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER

© 2025 Kashmir Images - Designed by GITS.