A Division Bench of Jammu and Kashmir High Court today granted two month time to Divisional Commissioner to demarcate the High Court and District Court Land.
The Division Bench comprising Justice Alok Aradhe and Justice Sanjeev Shukla give directions in a Public Interest Litigation in which a point has been raised regarding narrow approach road leading to the High Court, which is congested almost all the time.
The petition has submitted that this is causing great difficulty for the litigants, members of the legal fraternity to enter and exit the High Court and the District Court complex. It was submitted a larger extent was earmarked as part of the High Court property which included sufficient land for wider road. And due to delay in the establishing the High Court encroachments, the road has become narrow. It is stated that many of the encroachers of High Court Land and adjoining State Land are claiming the benefit of Jammu & Kashmir State Lands (Vesting of ownership to occupants) Act, 2001. If this illegal occupation is allowed then more such encroachments will happen. The issue will get complicated due to increase in the number of unauthorised occupants.
Earlier Division Bench of this High Court observed that in order to address the issue of severe traffic congestion caused due to the narrow approach road leading to High Court and District Courts campus, the extent of land allotted to the High Court has to be identified and the level of encroachment has to be assessed. The extent of land allotted to the High Court for forming the approach road also has to be demarcated and directed Divisional Commissioner, Jammu and his officers to survey of land originally allotted to the High Court and the District Courts Complex as well as the approach road from Janipur road leading to the High Court extending upto the Excelsior lane and all other land appurtenant thereto.
Today when the matter came up Deputy AG Ehsan Mirza submitted that in compliance with the order half of the land in question has already been demarcated. However he sought time to complete the process of demarcation and submit compliance report.
After hearing Deputy AG, the DB granted two month time and directed Registry to list the case after two months. JNF