The High Court on Wednesday directed the state Government to submit detailed report about status of digitization of revenue record in J&K.
The Court issued the directions in response to a Public Interest litigation, seeking details records about status of digitisation of revenue record project, expenditure incurred on it and present position of the equipment acquired for digitisation.
The PIL was filed by an NGO, Jammu & Kashmir Peoples Forum through its Secretary General MM Shuja. He also sought direction that the Court may monitor the process of digitization of revenue record, in public interest.
After hearing advocate ShafaqatNazir on behalf of the Forum, the division bench of Chief Justice Gita Mittal and Justice Rashid Ali Dar issued notice to the State Government through its Commissioner Secretary Revenue Department; Secretary Department of Law, Justice and Parliamentary Affairs; Financial Commissioner Revenue; Divisional Commissioners for Kashmir and Jammu and Director Land Records Kashmir.
Seeking the direction to the Government to comply with provisions contained in J&K Land Revenue Act, the Forum submitted that all Deputy Commissioners in the state should arrange maintenance and issuance of Passbooks in favour of all the property holders of the state.
The Forum has sought direction for placing before the Court entire details of mutations attested and recorded in all the Pathwarhalqas of J&K, without the support of any validly registered instrument as defined in section 138 of J&K Transfer of Property Act, in the first instance affected from 1 January 2010 till date. It has also sought direction to Secretary Department of Law, Justice and Parliamentary Affairs to exercise effective control and supervision over licensed public notaries and ensure that periodical inspections are undertaken regarding their functioning with further direction to issue an appropriate instruction indicating, for public awareness, the type of documents which notaries public are empowered under law to register.
The Forum has submitted that it was aggrieved of alleged malpractices in the Revenue Department, more particularly about attestation of mutations, maintenance of records and non-adherence of the provisions of law including Transfer of title of immoveable property, in violation of J&K Transfer of Property Act. Pointing out that there was non-compliance of the provisions contained in different sections of J&K Land Revenue Act the Forum submitted it was aggrieved of non digitization of the revenue record and Registration of deeds/documents by Public Notaries not empowered to register the same relating to transfer of immoveable property.