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Centre asked to explain non-payment of rent in J&K

The Delhi high court today asked the Centre to explain the reasons for a seven-year delay in paying rent to more than 600 private property owners in Jammu and Kashmir whose buildings were occupied by the army and the Rashtriya Rifles posted on counter-insurgency duties.

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

Last month, the defence ministry said it would undertake the funding of 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, unexplainable and inexcusable delay caused in the due payments to concerned private property owners," said petitioner 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 the courts take cognisance of a public interest petition. "Why should 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 a callous attitude on the part of the powers that be."

Wadehra said the government must also specify the date by which the last one of the 621 victims of delay would be paid his dues.

Justices Anil Dev Singh and B A Khan fixed August 2 for the next hearing.

In his original petition, Wadehra said the 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 troops have been deployed there on counter-insurgency duties.

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 a subversion of the national interest as it provides an indefensible basis for individual and collective anti-national anger.

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

UNI

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