NEW DELHI, August 17, 2026 : The Supreme Court of India has directed the Jammu and Kashmir administration to compensate a descendant of farmers whose land was allegedly taken over by the government more than seven decades ago for construction of a police station at Kangan in Ganderbal district without formal acquisition proceedings or payment of compensation.
The land, measuring 7 kanals and 18 marlas, was taken over in 1953 for establishing the police station. According to the petitioner, the property was never formally acquired and no compensation was paid to the original owners.
SC Steps In After High Court Rejection
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana considered a plea filed by Abdul Rashid Wani, represented by advocate Mahfooz Ahsan Nazki.
Wani had challenged a 2022 judgment of the Jammu and Kashmir and Ladakh High Court, which had dismissed his petition seeking possession of the land or appropriate compensation.
The High Court had held that the claim was affected by an unexplained delay of around 68 years, observing that such prolonged inaction had effectively rendered the cause of action stale.
Before the Supreme Court, Wani argued that although there had been a delay, he should not be denied relief for an alleged illegal act committed by the State.
Acquisition Proceedings From 2021
The Supreme Court observed that, given the passage of nearly seven decades, it could not order fresh acquisition proceedings retrospectively from 1953.
However, the bench directed the Land Acquisition Officer to initiate acquisition proceedings from the date Wani approached the High Court in 2021.
The court also directed the officer to calculate rentals for the use and occupation of the land from 1953, when the property was allegedly taken over for the police station.
The Supreme Court said the final determination of the amount payable towards land acquisition and rentals would be made by the High Court.
Land Belonged to Petitioner’s Predecessors
Wani claimed that his predecessors were owners of land bearing Survey No. 525 at Mouza Kangan in Ganderbal district.
According to his petition, the property was taken over in 1953 for a police station without formal acquisition proceedings or payment of compensation.
He sought either restoration of possession or, alternatively, initiation of acquisition proceedings along with compensation and rental payments for the government’s use of the property since 1953.
High Court Had Cited Long Delay
The High Court, in its June 28, 2022 judgment, had declined to exercise its extraordinary jurisdiction, pointing to the extraordinary delay in approaching the court.
The petitioner had argued that his father was illiterate and therefore could not pursue the matter earlier. The High Court, however, noted that Wani himself had reached adulthood more than two decades before filing the petition and had not adequately explained the continued delay.
Wani also claimed that he had approached government authorities during the preceding two decades but could not produce documentary evidence, citing the destruction of government records during the 2014 floods.
The J&K administration had opposed the petition, arguing that the police department had remained in peaceful possession of the property since 1953 and that locating records concerning a transaction from such a distant period had become difficult.
SC Brings Relief After 73 Years
The Supreme Court’s intervention provides a legal remedy for determining compensation and rental dues despite the extraordinary passage of time.
The case also highlights the constitutional importance of property rights and lawful acquisition by the State, while balancing those rights against the consequences of prolonged delay in pursuing a legal claim.
The final amount payable to the petitioner will now be determined through the acquisition process and proceedings before the High Court.
