Srinagar, July 12: Reaffirming the constitutional protection of private property, the High Court of Jammu & Kashmir and Ladakh has ruled that the State cannot construct a road over privately owned land without adhering to the procedure established under law, even if the project is intended for public welfare.
Justice Sanjay Dhar delivered the ruling while dismissing an appeal against an order passed by the Additional District Judge, Bandipora, which had granted interim protection to landowners by restraining interference with their property where a road was allegedly being laid.
The Court observed that the revenue records placed on record prima facie established the ownership and possession of the land in favour of the plaintiffs. It further noted that the appellants had failed to produce any legal material or documentary evidence proving that the disputed land had acquired the status of a public road or that they possessed any lawful right to use it for that purpose.
Emphasising the constitutional guarantee under Article 300A, the High Court held that the right to property cannot be taken away except through the authority of law and by following the prescribed legal procedure.
Justice Dhar also reiterated the settled legal principle that an appellate court should not interfere with an interim injunction granted by a trial court unless the order is shown to be arbitrary, perverse, or contrary to established legal principles.
The Court, however, clarified that the interim injunction would not prevent the Government from acquiring the land for public purposes, provided such acquisition is carried out strictly in accordance with the law and after following due process.
Finding no merit in the appeal, the High Court dismissed the petition and upheld the interim injunction granted by the trial court, thereby continuing legal protection over the disputed private land until the matter is finally decided. (KNC)
