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HC gives defence ministry six weeks to clear rents of J&K properties

The Delhi high court on Tuesday gave six weeks to the Union defence ministry to clear the rent of more than 600 property owners in Jammu & Kashmir whose buildings were occupied by army personnel on counter-insurgency duties.

No compensation has been paid to the 621 owners of buildings, land and orchards since 1993. The reason: a dispute over who should foot the bill -- the army, the Union home ministry or the state government.

In March, the defence ministry said it would fund the Rashtriya Rifles pending a final decision by the government, which would cover the expenditure involved in payment of rentals to the property owners.

"This is a case in which a serious view needs to be taken of the inordinate, inexplainable (sic) and inexcusable delay caused in the due payments to concerned private property owners," said a public interest petition filed by advocate B L Wadehra. "It also calls for payment of 18 per cent interest on due amounts."

Wadehra wondered why the government should sit up only when public interest litigation is initiated. "Why should the constitutional and statutory duties not be performed by the government without any PIL being moved? These are questions that come to the mind of a common citizen when he is faced with such callous attitude on the part of powers that be," he said.

Wadehra said a plausible explanation of these questions needs to be placed on record to dispel the impression that the authorities are insensitive to human suffering.

In his original petition, Wadehra said non-payment of rent and compensation to the citizens was creating frustration in their minds.

The army, through its northern command, has been taking the stand that payments should be made by the state government because the troops have been deployed on counter-insurgency duty.

The state government has been maintaining that it can ill afford such payments because of its precariously balanced budget.

Wadhera said such inaction on the part of insensitive bureaucrats and authorities amounts to subversion of the national interest as it provides an indefensible basis for individual and collective anger against the nation.

"In many cases, the properties were occupied without the consent of the owners," he added.

UNI

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