MAROUF ALI | Kashmir Observer | Srinagar | OCTOBER 8, 2017
The apex court (in the Jagpal Singh and others v. State of Punjab and others, 2011) has laid down that illegalities committed in nature of usurpation of common lands of the village communities cannot be regularized and the common interest of the villagers cannot be made to suffer merely because the unauthorized occupation has subsisted for many years.
Srinagar—The Jammu and Kashmir High Court has directed personal appearance of Deputy Commissioner Shopian on November 9 for failure to retrieve ‘Kahcharai’ (pasture land) and other state land from the encroachers in the south Kashmir district.
The directions were passed by the court while hearing a plea with one Ghulam Hassan Mir alleging violation of judgment passed by the court on May last year. The court has directed authorities to ensure retrieving of ‘Kahcharai’ and other state land from the encroachers in general and from the three private persons—Bashir Ahmad Mir, Shakeel Ahmad Mir and Ghulam Nabi Mir in particular, with reference to implementation of judgment passed by apex court.
The apex court (in the Jagpal Singh and others v. State of Punjab and others, 2011) has laid down that illegalities committed in nature of usurpation of common lands of the village communities cannot be regularized and the common interest of the villagers cannot be made to suffer merely because the unauthorized occupation has subsisted for many years.
It had directed the Chief Secretaries of all the States to formulate the schemes for eviction of illegal and unauthorized occupants of Gram Sabha, Gram Panchayat, Shamilat Land for the common use of villagers.
The high court had also directed that out of the land in question an area of 10 marlas, shall be subject to the decision that shall be taken by the authorities on an application pending for such consideration and if the exchange offered was not found feasible, then the land shall also be retrieved.
Upon notice Deputy Commissioner Shopian, filed the statement of facts and has averred that anti- encroachment drive in villages Turkawangam, Maldaira of Tehsil Choitragam had been under taken and 5 kanals and 1.5 marlas from the private persons and land measuring 22 kanal and 16 marlas grabbed by the petitioner, Ghulam Hassan Mir.
It is stated in the reply that for retrieving the state land, a committee of officers has been constituted which is headed by SDM Zainapora.
It is however, not disclosed in the statement of facts that as to what steps the committee has taken to ensure retrieval of stat land. When asked AAG submitted that the committee could not show any positive result as there was unrest in the Valley for seven months in the year 2016.
He could not, however, justify the inaction of committee from November, 2016 onwards.
“In the above background Deputy Commissioner Shopian, shall appear in person and explain as to why he has not implement the judgment,” the court said. The Officer shall also file compliance by or before the next date on November 9, the court added.
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