Summary:
The below order of the Collector (Deputy Commissioner), Leh, is in relation to the acquisition of State/village common land for the Indian Army for the public purpose of setting up a light Helicopter Base.
The matter dates back to 2005 when the Army was allowed to take possession of the land in question, after duly compensating the private owners of the land. A group of villagers approached the Deputy Commissioner alleging that the said land was not private land but was originally village pasture land illegally mutated in favour of certain private occupants, and thus belonged to the entire village.
An enquiry was conducted and the matter was brought forth before the J&K High Court (Srinagar Wing) in OWP No. 428/2013. The Collector in a written statement before the Hon'ble Court highlighting the fact that the land in dispute is indeed village common land, also made reference to the Jagpal Singh Judgement.
Based on the final order of the Hon'ble J&K High Court on 31-10-2013 in the above matter, The Collector ordered that :
1. Since the land in question is Kahcharai/chargah land, the mutations in favour of private occupants is set aside.
2. The said land is deemed to be Kahcharai/chargah land, and shall accordingly be reflected as such in the Revenue records.
3. Since the acquisition of the land for the Army has already been initiated, compensation for the said land shall be kept reserved for the common development/benefit of the village.
http://leh.gov.in/Minutes%20of%20meeting/MOM%2012-02-2014.pdf
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