Karachi, The High Court of Indian illegally occupied Jammu and Kashmir (IIOJK) has issued a directive to the Indian Ministry of Defence to pay outstanding rent of Rs 2.49 crores to twenty-four families whose land has been under the unauthorized occupation of the Indian Army since 1978.

According to Kashmir Media Service, the Indian Army forcibly occupied land belonging to Displaced Persons from Azad Jammu and Kashmir (AJK) in 1978, without following legal procedures or providing compensation. Justice Wasim Sadiq Nargal of the IIOJK High Court noted the unlawful occupation of land allocated for the rehabilitation of displaced persons in 1953. The court underscored the illegality of the land acquisition, declaring the Indian government’s actions unconstitutional.

The court’s decision, made on December 14, 2023, follows a series of petitions from descendants of AJK displaced persons. Committees established over the years had determined a compensation amount of Rs 2.49 crores for the period from January 1, 1978, to March 31, 2009, but the payment had not been made. The High Court affirmed that the Indian government has been in unauthorized occupation of the land since 1978, violating the basic rights of the owners.

In its ruling, the court ordered the Indian authorities to pay the determined rental compensation of Rs 2.49 crores within a month. Additionally, the court mandated the calculation of further rent from 2009 onward under the Land Acquisition Act. A penalty of a 6 percent annual interest rate was warned if the compensation is delayed.

Advocate Jagpaul Singh represented the petitioners in this case, while the Indian government was represented by Standing Counsel Sandeep Gupta, and Senior Additional Advocate General Monika Kohli appeared for the Deputy Commissioner of Jammu.

The judgment represents a significant acknowledgment of the rights of displaced families and the need for legal adherence in land acquisitions by the state.