PIL on encroachments: DB directs personal appearance of DLM JDA, Additional DCs of Jammu and Samba

Jammu, April 08

A division bench of the State High Court comprising of chief justice Badar Durrez Ahmed and justice Tashi Rabstan directed the personal appearance of Director Land Management JDA and Additional Deputy Commissioners Jammu and Samba to understand the problem of non-demarcation of JDA land measuring 66,436 kanals.

The court issued the order in the PIL on encroachment of more than 20 lacs kanals of State Land by the land mafia.

The court directed the listing of the matter on April 11, 2017.

Advocate Sheikh Shakeel Ahmed with Advocate Irfan Mohd. Khan appeared for the petitioner. Senior Advocates M.A Goni, Sunil Sethi with Mumtaz Chowdhary,  Sumit Nayyar, A.M Malik and Raghav Kumar appeared for the private respondents/aggrieved encroachers,

The court also directed Deputy Advocate General Ehsan Mirza to comply the directions passed on the last date of hearing dated 22.02.2017 whereby directions had been issued to the Divisional Commissioner Jammu and the Divisional Commissioner Kashmir and all other concerned officers to file the status reports indicating the persons against whom eviction proceedings have been commenced and status thereof in each case.

The Division Bench further directed that since the state counsel has submitted that the record would be voluminous as such the state counsel is permitted to file the digital copy of the same through DVD/Pendrive and copies of the same may also be given to Advocate Sheikh Shakeel Ahmed and Advocate R.S Jamwal appearing for the petitioners.

The Division Bench allowed three weeks time to Deputy Advocate General Ehsan Mirza to do the needful.

Advocate S.S Ahmed drew the attention of the Division Bench towards the order dated November 12, 2014 wherein the issue of the encroachment of JDA land was highlighted.

Advocate Ahmed further submitted that under various orders 86,941 kanals of land was transferred to JDA by the State Govt. and out of the said area only 19,391 kanals and 11 marlas have been demarcated and the remaining area measuring 66,436 kanals and 1 marla has remained undemarcated.

Advocate S.S Ahmed further submitted that a detailed order was passed by the then Division Bench whereby directions were issued for demarcation of the entire JDA land by and the said directions were to be complied by the JDA and Deputy Commissioner Jammu.

The Division Bench had also directed that the entire demarcation be video graphed and the Regional Director Survey and Records be also associated with the demarcation process and the local issues between JDA and the Revenue Department should be sorted out by holding meetings to be presided over by Divisional Commissioner Jammu and  vociferously argued that both Revenue authorities and JDA are sitting over the directions of the Division Bench and there is collusion between them to shield the land Mafia.

Advocate Ahmed further submitted that huge constructions including commercial constructions have come up upon the land of JDA but there is no will to get the land retrieved.

He further submitted that DB had intervened in this matter in the year 2014 but till date the land has not been demarcated despite court having made it clear that in case of any resistance from land Mafia the DGP shall provide the police protection.

The court bserved that, “this public interest litigation concerns land grabbing and encroachment of Govt. lands on a very large scale apparently approximately 20 lacs kanals of lands have been encroached upon illegally through out the state of Jammu and Kashmir. Even in so far as Jammu city is concerned, We find that approximately 86,941 kanals of land were transferred by the State Govt. to the Jammu Development Authority but demarcation has been carried out only in respect of 19,391 kanals which leaves approximately 66,436 kanals of lands undemarcated. All these lands have allegedly been encroached and grabbed by various individuals. Even the demarcation has not been completed. These are all valuable lands falling within the jurisdiction of JDA. The demarcation has to be carried out by the Revenue authorities which fall under the state of course the cooperation of JDA is also necessary.”

(Courtesy Greater Kashmir)

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