Property Rights Abroad: Indian Army Ordered to Pay 46 Years Rent to Landowner
It’s safe to say that we have covered our fair share of interesting eminent domain stories from around the United States. For example, here are a few stories from California, South Carolina, Maryland, and even Alabama. But how are property rights viewed by the courts abroad? Well, according to a November 2024 decision from the “High Court of Jammu and Kashmir and Ladakh” (“HCJKL”) in India, “[t]he right to property is now considered not only a constitutional or statutory right but it falls within the realm of human rights.” Those compelling words from the HCJKL certainly sparked our interest.
Beginning in 1978, the Indian Army occupied 1.6 acres of petitioner’s land in Kashmir without compensation or a formal proceeding to acquire the property. In 2004, the petitioner unsuccessfully appealed to local authorities seeking compensation for the occupation of his land. In 2014, the petitioner filed his case with the HCJKL. Throughout the court proceedings, the Indian Army denied occupying the petitioner’s land. A joint survey of the land conducted in 2022 confirmed that the property had been under Indian Army possession since 1978.
In deciding the petition, the Court found that “[t]he state, in exercising its power of eminent domain, may interfere with the right to property of a person by acquiring the same, but it must be for a public purpose, and therefore, reasonable compensation must be paid.” The Court went on to state that “the facts…clearly reveal that the respondents have violated the basic rights of the petitioner and have deprived him of the valuable constitutional right without following the procedure as envisaged under law.” In sum, the Court held that “[t]he Union of India is to pay the assessed compensation [i.e., the rent accumulated over 46 years] within one month of the report’s receipt, with a six per cent annual interest for delays.” The Court added that any further use of the petitioner’s land must follow proper acquisition processes.
These are a few articles about the case:
- “J&K: High Court Asks Centre To Pay Rent To Kashmiri Man For Land Used By Army For 46 Years”;
- “Right to property is human right: J&K, Ladakh HC asks Army to pay 46 yrs rent to land owner”;
- “Army ordered to pay 46 years’ rent to J&K man for using his land.”
As a property rights attorney situated in the northeastern United States, it was refreshing to learn about the HCJKL’s decision and the emphasis on the importance of property rights. However, it is important to note that this case would have likely been dismissed on procedural grounds if similar facts were alleged in New Jersey state court. “Inverse” condemnation is an action brought by a property owner against the government to compel the payment of just compensation on the basis that some action of the government has resulted in a taking of private property. A cause of action against a governmental defendant to recover the value of the real property that was taken by inverse condemnation is governed by the provisions of N.J.S.A. 2A:14-1, -2, and must be filed within six years from the date of accrual (defined as the date the landowner becomes aware or, through the exercise of reasonable diligence, should have become aware, that he or she had been deprived of all reasonably beneficial use of the property).
For over 55 years, McKirdy, Riskin, Olson & DellaPelle, P.C. has concentrated its practice in this special area of the law and has earned a reputation for persistently defending its clients’ property rights. Our firm has successfully handled a broad range of eminent domain cases involving almost every type of property, including commercial buildings, industrial properties, development land, single and multi-family residential properties, hotels/casinos, oil/ gas pipelines, water rights and beachfront property, airports, farmland, and many more. If you are confronted with the threat of eminent domain, please feel free to contact us for a free consultation.
