Saturday, December 10, 2011
Govt. Responds: Jammu & Kashmir: Govt devises scheme to get encroached land evicted
Srinagar, Dec 6: In a significant decision, the state government has devised a scheme for eviction of encroached common land in keeping with the Supreme Court direction to do away with illegal occupations.
As per the government order, Rev/Lit/218 of 2011 dated Nov 28, 2011, the deputy commissioners of the concerned districts shall identify encroachments on common lands and 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 and initiate the process for the removal of the encroachments.
The scheme took a tangible shape following the consultations between the chief secretary and other administrative secretaries including Revenue, Planning, Forest, General Administration and Law, Greater Kashmir learnt reliably.
Under the new scheme termed as Jammu and Kashmir Eviction of unauthorized Occupants Scheme, 2011, the deputy commissioners and tehsildars whose positions coincide collectors and assistant collectors 1st Class wield the authority to evict the illegal occupants from the state land in accordance with law.
The deputy commissioners will be responsible for the implementation of the scheme who can seek assistance from other departments or agencies of the government for the implementation of the scheme.
“The block development officer shall also be responsible for identifying the encroached land belonging to Panchayats and report to the deputy commissioner immediately for its eviction,” reveals the scheme.
After getting the information about the encroachments, the deputy commissioners through revenue officers will prepare the lists in three months, which will be submitted to the concerned divisional commissioners and financial commissioner Revenue for information and accord.
After proper identification, the revenue officers would start the eviction of the land occupations under the provisions of Jammu and Kashmir Land Revenue Act, Samvat 1996, and the Jammu and Kashmir commons Lands (Regulation) Act, 1956 and other notifications issued from time to time.
Before initiating proceedings under the scheme, the encroachers will be served a 15 day prior notice as to why the eviction proceedings under the scheme be not initiated against them.
The revenue officer cannot pass order of eviction unless the illegal occupant is provided an opportunity of being heard and the documents produced by him are perused seen if they are in support of his claim.
According to the Scheme, the deputy commissioner or the revenue officer shall handover the possession of land to the concerned Halqa Panchayat or the competent authority under law and make proper entry in the Revenue records.
With the implementation of the scheme while the deputy commissioners shall assign the monthly targets to each tehsildar regarding the evictions ,the Revenue officials below the rank of assistant commissioner Revenue is responsible for the implementation of the scheme and in case of dilatory approach disciplinary action will be initiated against him.
Pertinently, the Supreme Court has directed the chief secretaries of states and union territories to prepare schemes for the eviction of illegal, unauthorized occupants of the Gram Sabha, Paramboke, Shamlat land and the evicted lands must be restored to the villagers for the common use.
“The scheme should provide for the speedy eviction of the illegal occupants after giving him a show cause notice and brief hearing,” said the SC order, adding political connotations must not be treated a justification for condoning the illegal act or for regularization of the illegal procession.