Government of Jammu and Kashmir
Civil Secretariat, Revenue Department
Subject:- Scheme for eviction of encroachments on
common lands
Reference: Cabinet Decision No.188/23/2011 Dated:
19-10-2011
Government Order No.: Rev/Lit/218 of 2011
Dated: 28-11-2011
1 1. Whereas,
the Hon’ble Supreme Court vide order/Judgement dated: 28-01-2011, passed in
Civil Appeal No. 1132/2011 titled Jagpal Singh vs. State of Punjab and other
directed as under:
“… All
the State Governments in the country shall prepare schemes for eviction of
illegal/unauthorised occupants of the Gram Sabha/Gram
Panchayat/Paramboke/Shamlat Land and these must be restored to the Gram
Sabha/Gram Panchayat for the common use of the villagers of the village. For
this purpose, the Chief Secretaries of
all the State Governments/union Territories in India are directed to do the
needful, taking the help of other senior officers of the Governments. The said
scheme should provide for the speedy eviction of such illegal occupants, after
giving him a show cause notice and a
brief hearing. Long duration of such illegal occupation or huge expenditure in
making constructions thereon on political connections must not be treated a
justification for condoning this illegal act or for regularising the illegal
possession. Regularisation should only be permitted in exceptional cases, eg
where lease has been granted under some Government Notification to landless
laborers or members of Schedule Casete/Schedule Tribes, or where there is
already a school, dispensary or other public utility on the land.”; and
2. Whereas,
in conformity with the aforementioned directions/observations of the Hon’ble
Supreme Court, deliberations/consultations were held by the Chief Secretary
with the other senior officers (Administrative Secretaries) of the departments
of Revenue, Planning, Forest, General Administartion, Rural Development
Department and Law; and
3. Whereas,
under Jammu and Kashmir Land Revenue Act, samvat 1996 and the Jammu and Kashmir
Common Lands Act, 1956, Deputy Commissioners and Tehsildars, that is, Collector
and Assistant Collectors of 1st Class are empowered to evict the
illegal occupants from the State land/Kahchari land and on common lands by adopting
due course of law; and
4. Whereas,
for effective implementation of the Hon’ble Supreme Court orders and the
provisions of the Jammu and Kashmir Land Revenue Act, samvat 1996 and the Jammu
and Kashmir Common Lands Act, 1956, a comprehensive scheme is required to be
formulated to provide for eviction of illegal/unauthorised occupants of such
land;
Now,
therefore in compliance of the directors of the Hon’ble Supreme Court of India
in Civil Appeal No. 1132/2011 titled Jagpal Singh Vs. State of Punjab and
others and the powers conferred by the Jammu and Kashmir Land Revenue Act, Svt.
1996, the Jammu and Kashmir Common Lands
(Regulation) Act, 1956 and other relevant provisions of law in force in the
State, the Government thereby formulates the following scheme for removal of encroachment
on common lands, non-partible Shamlat Lands, Kahchrai Lands and lands meant for
pathways, ponds, storing grains, water bodies, passages, cremation grounds and
other common use of the people of the villages and also for eviction of illegal/unauthorised
occupants of such land namely:-
1. Name of the scheme and its commencement – (1)
This scheme maybe called “The Jammu and Kashmir Eviction of Unauthorised
Occupants (from common Land) Scheme, 2011”.
(2) It shall come
into force from the date of its issuance.
2. Definition – In this scheme, unless
the context otherwise requires, the words and terms used in it shall have the
same meaning as respectively assigned to them under the provisions of the Jammu
and Kashmir Land Revenue Act, Svt. 1996, the Jammu and Kashmir Common Lands (Regulation) Act, 1956.
3. Identification of encroached land – (1)
The Deputy Commissioners of the concerned districts, shall identify the encroachments
on common lands/non-partible land Shamlat lands, Kahchrai Lands and lands meant
for pathways, ponds, storing grains, water bodies, passages, cremation grounds
and other common use of the people of the villages.
(2) They will
be directly responsible for the implementation of the scheme and are authorised
to obtain the assistance of such other departments, organisations or agencies
of the Government as may be necessary for the purpose.
(3) The concerned
Block Development Officer shall also be responsible for identifying the encroached
land belonging to Panchayats and report to the Deputy Commissioner concerned
forthwith for its eviction.
4. Preparation of list – Based on the
information collected by the Deputy Commissioners of the concerned districts,
the assami-wise/case-wise list will be completed within a period of three
months. The lists shall be submitted to the Divisional Commissioners concerned
and Financial Commissioner Revenue for information and record. The lists shall
contain details as per the format to be prescribed by the Financial Commission,
Revenue.
5. Eviction – After identification of
these illegal encroachments of lands mentioned heretofore, the concerned
Revenue Officers shall start eviction of illegal occupation of such lands under
the provisions of the Jammu and Kashmir Common Lands (Regulation) Act,1956 and notifications
issued from time to time on the subject.
6. Notice – Before initiating
proceedings under this scheme, the illegal occupants shall be given a show
cause notice of fifteen days by the concerned Revenue Officer as to why the
proceedings of evictions under this Scheme be not initiated against them and
also to produce an oath (Affidavit) documentary evidence in support of their
claim, if any.
7. Hearing
- No order of eviction shall be passed by any revenue officer unless
the illegal occupant is provided an opportunity of being heard and
consideration of documents produced in support of his claim.
8. Order of Eviction: (1) Any revenue
officer may, after following the procedure laid down under clauses 6 and 7 of the
Scheme, pass an order for eviction of the unauthorised occupants of such land.
(2) Nothing
shall prevent the said officer from passing an order of eviction in case the
illegal/unauthorised occupant fails to appear before the court within the
prescribed time or does not submit any sufficient document in support of his claim.
9. Possession – On eviction of
unauthorised occupants, 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 thereof in the Revenue
records.
10. Targets – (1) The Deputy
Commissioner concerned shall assign monthly targets to each Tehsildars regarding
eviction of such illegal occupants and for prevention of such encroachments on
common land/non-partible Shamlat land, 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.
(2) All
Revenue Officers/Officials, of and below, the rank of Assistant Commissioner, Revenue
Concerned shall be responsible for implementation of the Scheme within their
respective territorial jurisdictions in letter and spirit and any dereliction
thereof on their part shall invite disciplinary proceedings against them.
11. Monitoring – The process of removal
of illegal encroachment shall be monitored by Financial Commissioners concerned
at Divisional level and Deputy Commissioner concerned at District level. They
shall submit progress report to the Government on quarterly basis through
Financial Commissioner.
12. Public Awareness – (1) It shall be
obligatory on the Deputy Commissioners of the Districts to make the general
public aware through revenue officers about the encroachment on common lands of
the villages through electronic and print media.
(2) The
public should also be informed that any such encroachment on common lands is in
contravention of the law and the directions of Hon’ble Supreme Court and that
any violation will attract action under law. Print and electronic media shall
be used for this purpose.
(3) The list
prepared under clause 4 of the Scheme
will get displayed on some conspicuous place in the office of Deputy
Commissioner an published in atleast two
local dailies having vide circulation in the area.
13. Review – The implementation of the
Scheme will be reviewed by the Financial Commissioner on quarterly basis.
14. Miscellaneous – (1) The Scheme shall be forwarded by
all the Revenue Officers within their respective territorial areas in letter
and spirit without any laxity or deviation.
(2) Non compliance
or laxity will be viewed seriously.
By Order of the
Government of Jammu and Kashmir.
Sd/-
Commissioner/Secretary
to Government
Revenue
Department
Dated:
28-11-2011
No: Rev/Lit/12/2011
Copy to the: -
1. Administrative Secretary__________
2. Financial Commissioner (Revenue) J&K, Jammu
3.Principle Secretary to the Hon’ble Chief Minister.
4. Divisional Commissioners Jammu/Kashmir.
5. Deputy Commissioner__________
6.Director Information Jammu/Srinagar.
7. Special Assistant to the Hon’ble Revenue, Relief and
Rehabilitation Minister
8. Special Assistant to the Hon’ble Revenue of State
9. Private Secretary to Commissioner/ Secretary Revenue.
10. Govt. order file/stock file.
Under Secretary to
Government
Revenue Department
