Thursday, July 21, 2022

J&K: Collector directed to remove encroachment on Shamilat/Kahcharia land [23.06.2022]

IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR 
WP(C) No. 1332/2022 
CM No. 3171/2022 

Nissar Ahmad Dar.                                                                                         ...Petitioner(s) 
              Through: Mr. M. Ayoub, Advocate. 
Vs. 
UT of JK and Ors.                                                                                       ...Respondent(s) 
              Through: None 

 CORAM: HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE 

ORDER

23.06.2022 

In the instant petition, the petitioner herein has sought direction upon the respondents to take necessary steps for removal of encroachment over the Shamilat/Kahcharia land falling under Survey No. 41, situated at Chek-i- Aziz Shah, Shopian and the respondents be further directed to take all the necessary steps for preservation of above said Shamilat/Kahcharia land and omission of Survey No. 41 from the records illegally done by the subordinate revenue officials be forthwith corrected and also the original status of the above said Shamiliat/Kahchaira land be restored by proper Survey Number, i.e., Survey No. 41.

The petitioner in the Para 9 of the writ petition has also stated that the direction of the Hon'ble Supreme Court has been formulated and brought into the existence by the authorities of Union Territory of Jammu and Kashmir through Cabinet Decision dated 19.10.2011. The said Scheme is called "the Jammu and Kashmir Eviction of Unauthorized Occupants (from common land) Scheme, 2011.

As per Government order bearing No. Rev/Lit/218 of 2011, dated 28.11.2011, the Deputy Commissioner of the concerned Districts shall identify the encroachments on common lands/non-partible Shamlat Lands, Kachrai Lands and lands meant for pathways, ponds, storing grains, water bodies, passages, cremation grounds and other common use of the people of the villages. The Deputy Commissioners have further been directed to prepare the list based on the information and also after identification of these illegal encroachments on lands mentioned, the concerned Revenue Officials shall start eviction of illegal occupation of such land under the provisions of Jammu and Kashmir Land Revenue Act, Samvat 1996.

Learned counsel for the petitioner states that he would be satisfied if the writ petition of the petitioner is disposed of with the direction to the respondents to take necessary steps for removal of encroachment over the Shamilat/Kahcharia land falling under Survey No. 41 situated at Chek-i-Aziz Shah, Shopian in terms of the scheme for eviction of encroachments on common land issued vide Government order No. Rev/Lit/218 of 2011, dated 28.11.2011, which is based on the judgment dated 28.01.2011, passed in the Civil Appeal No. 1132/2021 titled Jagpal Singh Vs. State of Punjab and Others.

Be that as it may, respondent No. 5 [Deputy Commissioner (District Collector), Shopian] is directed to take necessary steps for removal of encroachment over the Shamilat/Kahcharia land falling under Survey No. 41 situated at Chek-i-Aziz Shah, Shopian in strict adherence to the scheme for eviction of encroachments on common land issued vide Government order No. Rev/Lit/218 of 2011, dated 28.11.2011. The respondent No. 5 shall complete the exercise within a period of four weeks from the date copy of this order is served upon him by the petitioners The writ petition is disposed of along with connected CM.