New Delhi, Aug 17: The Supreme Court on Monday directed the Jammu and Kashmir administration to pay compensation and rentals to a descendant of farmers whose land was taken over more than seven decades ago to build a police station, without formal acquisition proceedings.

A bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana was hearing a plea by Abdul Rashid Wani, challenging a 2022 ruling of the Jammu and Kashmir and Ladakh High Court that had rejected his petition because of the 68-year delay in seeking legal relief.

The land, measuring seven kanals and 18 marlas, was taken over in 1953 for construction of a police station in Kangan, in Ganderbal district, according to Wani’s petition.

The Supreme Court said fresh acquisition proceedings could not be ordered for the period dating back to 1953 because of the prolonged delay.

However, it directed that the land acquisition officer initiate proceedings from 2021, when Wani first approached the High Court.

The bench also directed authorities to calculate and pay rentals for the use of the land from 1953.

The final amount payable towards acquisition compensation and rentals will be determined by the High Court, the court said.

Wani, represented by lawyer Mahfooz Ahsan Nazki, said his predecessors owned the land, identified as survey number 525 at Mouza Kangan, and sought either restoration of possession or acquisition of the property with compensation.

Alternatively, he sought rental compensation for its use since 1953. The High Court, in its June 28, 2022 order, had declined to exercise its extraordinary jurisdiction, saying the claim had become a “dead cause of action” because of the prolonged delay. It noted that the land had been taken over about 68 years before Wani filed the petition and that he, then aged about 42, had not adequately explained why he had waited so long to seek legal redress.

The High Court also rejected Wani’s argument that his father’s illiteracy had prevented the family from approaching the courts earlier, noting that Wani himself had attained adulthood more than two decades before filing the petition. Wani had told the court that he had approached government authorities over the preceding 20 years but could not produce documentary evidence because the records had allegedly been destroyed in the 2014 floods.

The Jammu and Kashmir administration had opposed the petition, describing it as highly belated.

It argued that the police department had remained in peaceful possession of the property since 1953 and that retrieving records after such a long period would be difficult. The High Court had held that claims could not remain open indefinitely and that every cause of action had to be pursued within a reasonable period.

New Delhi, Aug 17: The Ministry of Social Justice and Empowerment is implementing the Support for Marginalized Individuals for Livelihood and Enterprise (SMILE) as an Umbrella Central Sector Scheme aimed at comprehensive rehabilitation and socio-economic empowerment of marginalised individuals. The scheme includes the sub-scheme for Comprehensive Rehabilitation of Persons Engaged in the Act of Begging, with interventions focused on rehabilitation, medical facilities, counselling, education, skill development and livelihood opportunities through an effective convergence approach. The scheme is implemented with the support of State and UT Governments, District Administrations, Urban Local Bodies, Municipal Corporations and other organisations and agencies working in the field.

The SMILE Scheme seeks to promote an inclusive society by enabling marginalised individuals to access welfare services, develop skills and livelihood capabilities and reintegrate into mainstream society with dignity and self-confidence. The Government’s approach places emphasis on coordinated action and convergence among different stakeholders to ensure that rehabilitation extends beyond immediate support and contributes towards sustainable social and economic reintegration.

Under the sub-scheme for comprehensive rehabilitation of persons engaged in the act of begging, the Ministry has undertaken identification, mobilisation and rehabilitation interventions across the country. As per the latest information available on the official SMILE-BEGGARY portal, 42,589 persons have been identified/surveyed and 12,710 persons have been rehabilitated under the initiative.

The rehabilitation framework covers a range of support measures, including provision of medical facilities, counselling, education and skill development. These interventions are designed to help beneficiaries acquire capabilities and access opportunities that can support their transition towards sustainable livelihoods and a life of dignity. The implementation framework also promotes convergence with various Government departments and agencies as well as local bodies and organisations working for the welfare and rehabilitation of persons engaged in begging.

The official SMILE-BEGGARY portal states that the sub-scheme was launched on 12 February 2022 and is being implemented with the objective of making India a “BhikshaVrittiMukt Bharat” through comprehensive rehabilitation and coordinated action. The approach seeks to facilitate the reintegration of persons engaged in begging into mainstream society while strengthening their confidence and access to opportunities.

The broader SMILE framework also includes the Comprehensive Rehabilitation for Welfare of Transgender Persons component. Under this component, the Government has established 23 Garima Grehs across 17 States/UTs to provide shelter and support to destitute transgender persons. During the last three years, 1,041 transgender persons have been rehabilitated through Garima Grehs. The Government has also undertaken measures relating to healthcare, identity documentation, skill development, entrepreneurship and employment opportunities for transgender persons.

The National Portal for Transgender Persons has been established to facilitate the issuance of transgender certificates and identity cards to eligible persons. The attached official information records 33,303 identity cards issued through the portal. The Government has also entered into a Memorandum of Understanding with the National Health Authority for convergence with Ayushman Bharat, with 147 AB PM-JAY transgender cards issued as per the information contained in the official document.

The Ministry has further strengthened opportunities for skill development and economic empowerment. 725 transgender persons have received skill development training, while 150 transgender persons have been trained through an Entrepreneurship Development Programme. Three National Transgender Employment Melas have also been organised, benefiting 223 transgender persons.

Institutional mechanisms have also been strengthened to promote protection, welfare and access to Government schemes. Transgender Protection Cells have been established in 27 States/UTs, while 30 Transgender Welfare Boards have been set up by States/UTs to protect the rights and interests of transgender persons and facilitate access to welfare measures.

The Government has also undertaken an independent assessment of the implementation of the SMILE Scheme. A third-party assessment/evaluation was conducted by the National Institute of Rural Development and Panchayati Raj (NIRDPR), Hyderabad, during September–October 2025. The major findings and recommendations of the evaluation have been considered and incorporated into the revised Scheme Guidelines for continuation of the Scheme during the 16th Finance Commission cycle from 2026–27 to 2030–31.

Through SMILE, the Ministry of Social Justice and Empowerment is working towards strengthening an ecosystem of rehabilitation, social protection, healthcare, education, skill development and livelihood support for marginalised individuals. The scheme’s convergence-based approach brings together Central and State Governments, local administrations, voluntary organisations, community-based organisations and other stakeholders to create sustainable pathways towards social inclusion and economic empowerment. The overarching objective remains to ensure that marginalised individuals are able to live with dignity, self-confidence and greater opportunities for participation in mainstream society.

New Delhi, Aug 17: The Supreme Court on Monday asked the Jammu and Kashmir administration to pay compensation and rents to one of the descendants of farmers whose land was forcibly taken more than 73 years ago for setting up a police station at Kangan in Ganderbal without any acquisition proceedings.

Land measuring seven kanals and 18 marlas at Kangan was forcibly taken over for constructing a police station way back in 1953 without acquiring it and without paying the compensation.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana took note of the plea of one Abdul Rashid Wani who approached the top court through lawyer Mahfooz Ahsan Nazki to challenge the Jammu and Kashmir and Ladakh High Court’s 2022 decision.

The high court had dismissed a writ petition seeking possession of land taken over for a police station in Ganderbal district in 1953, holding that the claim suffered from gross and unexplained delay of 68 years.

On Monday, the top court considered the fervent pleas of Wani that though there was a delay, he should not suffer on account of state action which was illegal.

The apex court said it cannot direct fresh land acquisition proceedings as on date due to the delay of nearly seven decades.

The bench, however, said that it will direct the land acquisition officer to commence the land acquisition proceedings from the date Wani approached the high court in 2021.

Coming to the rescue of Wani, the bench directed the land acquisition officer to calculate and award the rentals to Wani from 1953 when the land was forcibly taken over for setting up of the police station.

The amount on account of land acquisition and the rentals will be finally decided by the high court, the bench said.

On June 28, 2022, a division bench of the high court had declined to exercise its extraordinary jurisdiction in the matter, saying that the petitioner could not be permitted to revive what had effectively become a “dead cause of action” after such a prolonged period.

Wani had claimed that his predecessors were owners of 7 kanals and 18 marlas of land bearing survey no. 525 at Mouza Kangan in Ganderbal district.

According to the petition, the land was taken over for a police station in 1953 without formal acquisition or payment of compensation.

He sought either restoration of possession or initiation of acquisition proceedings and payment of compensation or rental compensation for the use and occupation of the land since 1953.

The high court noted that the alleged takeover had occurred about 68 years before the filing of the petition and that the petitioner, around 42 years old, had not explained why the matter was brought before the court after such an inordinate delay.

The petitioner had argued that his father was illiterate and therefore could not approach the court earlier.

The high court, however, did not accept the explanation, noting that the petitioner himself had attained maturity more than two decades earlier but had still failed to seek legal redress.

The high court had also noted that the petitioner claimed to have approached the authorities during the preceding 20 years but was unable to produce any supporting documents, citing the destruction of government records during the 2014 floods.

The UT administration had opposed the petition as highly belated, stating that the police department had remained in peaceful possession of the land since 1953 and that, after such a long period, it was difficult to produce records relating to the property.

“Every cause of action should come to an end within a time bound period and should not be allowed to remain alive infinitely,” the high court had said.