Literally Acted As Medieval Time Zamindar: JKL High Court Lambasts Police Establishment For Usurping Private Property In 2013

Single bench of Justice Rahul Bharti remarked,

"J&K Police had lot to explain its conduct, rather misconduct in real terms, and still it has not dawned upon it to reconcile and make amends... on the acts of omission and commission of the erring police officials concerned in literally having acted as medieval time zamindar to overpower a private property."

The High Court noted that the "law avoiding public officials" were using the plot for the purpose of coal dumping even though the petitioners, who had inherited the subject property, were unaware and unwilling, but felt helpless to take on the displeasure of the then police officials.

The bench further noted that the respondents J&K Police approached the petitioners with an offer of monthly rental for the use and occupation of their plot "least realizing even that proved a mirage for the petitioners".

It was ironical to the bench to record that as consequence of the offer made by the respondents, revenue office of the Assistant Commissioner (Rev.) Samba even carried out the rent assessment of the petitioners' property for the year 2013-14 and 2014-15, only to be rejected by the higher officials of J&K Police Headquarters.

"This was the last so called an act of official responsibility carried out at the end of the J&K Police Establishment and then onwards abandoning the exercise to decide as to how much rent was to be payable to the petitioners whose plot property was being used free unmindful of the fact that the use and occupation of plot property was literally nothing but sheer act of trespassing and perpetuation thereof", the bench recorded.

Expressing displeasure over the act of the respondent J&K Police, it said,

"This Court is left to bear the puzzle and pain of fact as to under which police official of the time the forced entry upon said plot property of the petitioners was carried out and which event did not bother any higher police official concerned either to settle the rent rate first before continuing any further with the usurpation of the plot property in reference or hand over back to the petitioners at the earliest occasion available with a note of apology to the petitioners on the acts of omission and commission of the erring police officials concerned in literally having acted as medieval time zamindar to overpower a private property".

Pointing to that gravity of the situation the bench further observed that at the relevant point of time when the petitioners' property was so grabbed by the J&K Police, the right to property in the then State of J&K was still a fundamental right and not relegated to be a constitutional right as was in the rest of India by virtue of Constitution 44th Amendment Act, 1978.

Venturing to sensitizing the Public Administration/ Authorities, the bench explained that a citizen bears his/her person and the property as his/her sovereignty and from this he/she pools his/her respective share to constitute the Sovereignty of the State and when the sovereignty of a citizen is injured/wronged then the Sovereignty of the State also suffers.

"Public Administration/Authorities, including the Police Establishment, need to free themselves from a deep seated belief system that they have power of action with respect to person and property of a citizen/non citizen of India by reference to the law of authority, whereas the constitutional fact and reality is that their duty of action viz a viz the person and property of a citizen/non citizen is to be on an authority of the law", the bench emphasized.

Accordingly the bench held the rent assessment made by the District Rent Assessment Committee Samba for the given two years period of occupation that is 2013-14 and 2014-15, which is to be applicable and payable from the respondents 3's end to the petitioner and is to be so paid.

For the unassessed period of 2015-16, 2016-17 and 2017-18 the Court directed the respondent no. 2- the District Rent Assessment Committee Samba to assess the corresponding rent rate for the aforesaid three years and convey the final rent assessment report to the respondent no. 3 within a period of three months.

The aggregate amount so payable to the petitioners is to bear interest @ 9% p.a. with effect from October 2018 onward till actual payment of the entire amount, the bench concluded while framing a timeline of 2 months for the compliance of the judgment.

Case Title : Kala Ram & Ors Vs State of J&K & Ors.

Citation : 2022 LiveLaw (JKL) 228

Coram: Justice Rahul Bharti

Counsel For Petitioner : Mr AK Basotra

Counsel For Respondent : Mr Raman Sharma AAG

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