Srinagar: In Indian illegally occupied Jammu and Kashmir, the High Court has issued a significant ruling amid a continuing wave of property confiscations affecting Kashmiris. The court has declared that the right to property is a fundamental human right, not just a constitutional or statutory entitlement.

According to Kashmir Media Service, the decision was made following a petition from Abdul Majeed Lone, a resident of Tangdhar in Karnah, Kupwara. Lone sought redress for the occupation of over 12 kanals of his land by the Indian Army since 1978, without any compensation or legal acquisition.

The court, led by Justice Wasim Sadiq Nargal, has ordered New Delhi to provide compensation to Lone for the land’s unauthorized occupation. It deemed the prolonged occupation without due process a violation of fundamental human rights, emphasizing that property rights encompass shelter, livelihood, and dignity.

Lone’s plea detailed how authorities had neither paid rent for the occupied land nor initiated acquisition proceedings, depriving him of his lawful rights. The court found these actions illegal and unconstitutional, holding New Delhi accountable.

The court ordered the calculation and payment of rental compensation from 1978 onwards, along with an additional Rs 1 lakh as reparations for rights violations. It also mandated that any future use of the land must comply with legal processes, including adequate compensation and stakeholder consultation, and warned that payment delays would incur a 6% annual interest rate.

This case highlights the broader issue of property confiscations in the region, particularly following the revocation of Article 370 in August 2019, which removed Jammu and Kashmir’s special constitutional status.

Observers and human rights organizations have condemned these actions, viewing them as part of a systematic effort to disenfranchise Kashmiri Muslims and alter the region’s demographic composition.

The ruling offers some hope to those with similar grievances but also underscores the ongoing challenges in addressing the Hindutva-driven agenda in the territory. Despite the court’s intervention, systemic disenfranchisement and property seizures continue to be significant concerns, intensifying fears of cultural erasure and dispossession among the Kashmiri population.