Case at a Glance
The petitioners’ predecessors owned 24 kanals 1 marla of land in village Thandi Kassi, Rajouri, which was declared ‘evacuee property’. In 1981 the Additional Custodian held that the owners had never migrated to Pakistan and the land had been wrongly declared, but by then it had been allotted to a displaced person and could not be restored. The file was sent for compensation under Section 14-A of the J&K Evacuees’ (Administration of Property) Act in 1985 — and nothing was paid for decades. Noting that the matter had been pending for over four and a half decades, the J&K and Ladakh High Court directed the Government to assess compensation at the prevalent market rate and pay it within eight weeks.
Five residents of Thandi Kassi, Rajouri — Mohd. Bashir, Mohd. Rashid, Wazir Hussain, Jameel Hussain and Mohd. Din — claimed through predecessors who owned 24 kanals 1 marla under Khasra No. 51. The land was declared evacuee property under Section 6 of the J&K Evacuees’ (Administration of Property) Act, allegedly without notice to the owners. On a petition under Section 8, the Additional Custodian, Rajouri, by order dated 2 April 1981, held that the owners had not migrated to Pakistan and that the land had been wrongly declared evacuee property.
By then the land had been allotted to a displaced person, so it could not be restored, and no alternative land was available in the village. The file was sent to the Custodian General by letter of 8 May 1985 for compensation under Section 14-A. The Revenue Secretary sought the records in 2006, but no land was allotted and no compensation paid. Before the High Court, the Evacuee Property Department said compensation was not its function, while the Revenue Department referred to the 1961–62 Record of Rights and the later conferment of ownership rights under the Agrarian Reforms Act, 1976.
The Key Question Before the Court
When land wrongly declared evacuee property cannot be restored because it has been allotted to someone else, are the true owners entitled to compensation — and at what rate?
A final 1981 order, and decades of inaction
Justice M.A. Chowdhary held that the land had been declared evacuee property under Section 6 and that the Additional Custodian’s 1981 order, finding the declaration wrong, had attained finality. Section 14-A of the Act provides for the case where restoration is not practicable: the Government may transfer alternative property or pay for the land.
The Court noted that the matter had been pending since 1981 — more than four and a half decades — with the file moving between departments and the owners receiving neither land nor money. Since restoration was no longer possible, it held the petitioners entitled to compensation to be assessed by the Government, and directed that it be assessed at the prevalent market rate and paid within a fixed time.
What the Court Actually Held
- The Additional Custodian’s order of 2 April 1981 holding the land wrongly declared evacuee property had become final.
- Where restoration is not practicable, Section 14-A of the J&K Evacuees’ (Administration of Property) Act entitles the owners to alternative property or payment for the land.
- The respondents were directed to assess compensation at the prevalent market rate for 24 kanals 1 marla under Khasra No. 51 and pay the petitioners.
- The Revenue Department must complete this within eight weeks from the date a copy of the judgment is made available to the Administrative Secretary, Revenue Department.
Why This Judgment Matters
- It gives relief to families who won their evacuee-property case decades ago but never got either their land or compensation.
- Fixing compensation at the prevalent market rate, rather than historical value, recognises the loss caused by the State’s long delay.
- It ends the practice of one department passing the file to another by fixing responsibility on the Revenue Department with a deadline.
What Should Advocates Take Away From the Judgment?
For Landowners
- If your land was wrongly declared evacuee property and cannot be restored, Section 14-A allows you to seek alternative land or payment.
- A final order of the Custodian in your favour is the foundation of such a claim; keep certified copies.
- Long inaction by departments can be challenged by a writ petition seeking a time-bound direction.
For Counsel
- Pray specifically for compensation at the prevalent market rate where restoration is impossible.
- Seek a fixed timeline and name the department responsible; here the Revenue Department was given eight weeks.
- The judgment did not deal with interest; if claimed, press for a specific finding.
Key Takeaways
- Land wrongly declared evacuee property in Rajouri could not be restored after allotment.
- Section 14-A provides for alternative land or payment where restoration is not practicable.
- Compensation is to be assessed at the prevalent market rate.
- The Revenue Department must pay within eight weeks.
Frequently Asked Questions
What is Section 14-A of the J&K Evacuees’ (Administration of Property) Act?
As explained in this judgment, it allows the Government, where restoration of property is not practicable, to transfer alternative property or pay for the land.
At what rate will compensation be paid?
The High Court directed the respondents to assess compensation at the prevalent market rate.
Did the Court award interest for the delay?
The petitioners had sought interest, but the operative directions, as read, do not mention interest.
Conclusion
For more than 45 years these families held an order saying their land should never have been treated as evacuee property, yet had nothing to show for it. The J&K and Ladakh High Court has converted that paper victory into a time-bound obligation to pay market-rate compensation.
Practical takeaway: Owners holding favourable Custodian orders whose land cannot be returned should approach the High Court for a time-bound direction to pay compensation at the current market rate under Section 14-A.
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