Jammu and Kashmir High Court Upholds Proprietary Rights of Assamis in Landmark Land Acquisition Case

Command Order of 1933 Reinforced, Securing Ownership Rights Without Nazrana for Lineal Descendants of Original Land Holders

In a significant ruling, the Jammu and Kashmir High Court has reaffirmed the proprietary rights of Assamis of Kashmir Province as per the Command Order of 1933. The court clarified that the Command Order issued by the Maharaja of Jammu and Kashmir confers automatic ownership rights on Assamis without the recovery of nazrana. These rights, effective from October 1933, remain intact and cannot be nullified by subsequent revenue entries or omissions.

The case originated from a land acquisition in 1924, where 308 Kanals and 09 Marlas of land were taken from the ancestors of the petitioners for the establishment of a new cantonment in Sonawar, Srinagar. Despite the issuance of an award that promised compensation through exchange land in Village Patti Wethpora, the petitioners alleged that they never received possession of the said land.

The court quashed an order by the Deputy Commissioner, Srinagar, which rejected the petitioners' claims based on revenue entries labeling the ancestors as "Assamis." The court emphasized that the proprietary rights conferred by the 1933 Command Order were irrevocable and that any contrary revenue entries were legally untenable.

A committee, including the Divisional Commissioner, Kashmir, has been directed to reassess the claims and ensure the rightful claimants receive ownership and possession of the land. The judgment underscores the importance of implementing historical legal mandates and provides a pathway for resolving longstanding land disputes in the region.

Bottom Line:

Land acquisition and proprietary rights of Assamis of Kashmir Province - Clarification sought regarding judgment concerning ownership and possession of land acquired in 1924 - Command Order of 1933 issued by Maharaja of Jammu and Kashmir automatically conferred proprietary rights to Assamis without recovery of nazrana, which could not be extinguished by subsequent revenue entries or omissions.

Statutory provision(s): Land Acquisition Act, Command Order of 1933, Revenue Records, Land Acquisition Rules, Jammu and Kashmir High Court Judgments

Ali Mohammad Mir v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2807927