Third Party Using Land with Owner’s Consent Cannot Be Prosecuted for Encroachment: High Court of Jammu & Kashmir and Ladakh

The Jammu and Kashmir High Court has ruled that coercive action cannot be taken against a third party who merely used land with the permission of its recorded owner, particularly when the statute invoked by authorities is not applicable. The Court set aside an order directing seizure of building material and registration of an FIR against the petitioner, holding such action to be legally unsustainable. Background of the case The…