HC orders removal of encroachments from agriculture, Kahcharai land

HC orders removal of encroachments from agriculture, Kahcharai land

We hope and trust that the DC will continue with the anti-encroachment drive and will retrieve the other land from the possession of the encroachers

Expressing displeasure over the inaction by Deputy Commissioners to do away with encroachments on agriculture and Kahcharai land, Jammu and Kashmir High Court has directed them to show cause as to why contempt proceedings be not initiated against them.


A division bench of Justice Muzaffar Hussain Attar and Justice J R Kotwal passed the direction after observing that Deputy Commissioners of Anantnag, Pulwama, Srinagar, Ganderbal, Bandipora, Kupwara, and Shopian have not filed the compliance report.


Seeking fresh compliance before the next date of hearing, the Court directed its Registry to issue notices to all these Deputy Commissioners to show cause as to why contempt proceedings be not initiated against them. 


The compliance report by Divisional Commissioner attests that on receipt of the Court order dated 25 November 2014, he issued instructions to all Deputy Commissioner of Kashmir division to file fresh compliance and status report.


“Deputy Commissioner Budgam was directed to ensure removal of encroachment from Kahcharai land especially in Gogo area within two days and the Divisional Commissioner Kashmir also visited the area alongwith Deputy Commissioner Budgam and officials of the subordinate revenue agency and encroachment from 4 kanals of Kahcharai land at Gogo under Khasra no 285, 286 (old) was removed by the field agency,” states the report.


Deputy Commissioner Budgam while continuing with the anti-encroachment drive removed encroachment of land measuring 2 kanals falling under Survey no. 1076/2 of estate Humhama, states the compliance report.


Appreciating the work done by Deputy Commissioner Budgam in removing the encroachments, the bench said, “We hope and trust that the DC will continue with the anti-encroachment drive and will retrieve the other land from the possession of the encroachers”.


The court asked the authority to file fresh status report before the next date of hearing on the removal of encroachments and the particulars of land which may be recovered from the possession of the encroachers. 


While the status report by Deputy Commissioner Kulgam attested that illegal constructions were demolished, the court however observed that the report has not stated as to how much land and at which place it has been retrieved from the possession of the encroachers.


Observing that the Deputy Commissioner Kulgam has not stated as to whether any encroachment from Kahcharai land has been removed, the court asked him to ensure the compliance of the Court orders passed from time to time and remove encroachment from the Kahcharai land and ensure that possession of the same is taken by the Revenue Department.


Terming his status report a mere eyewash, the court said the Deputy Commissioner Baramulla has not given the details about the removal of encroachment from the Kahcharai land and about the quantum of land that has been taken over from the encroachers.


Meanwhile, in a separate direction, the court asked Commissioner SMC, Vice-Chairperson SDA and Vice-Chairperson LAWDA to ensure that no illegal constructions are raised in the areas which fall within their respective jurisdictions.


 “It is made clear that if any complaint is received about the raising of any illegal construction, action for violation of Court orders will be initiated against them,” the court said.


The court on 15 December 2014, had directed Commissioner Secretary to Government, Housing and Urban Development Department as also Vice-Chairperson Srinagar Development Authority to pursue finalization of proposed draft Master Plan as also plan for construction of Satellite Township.


The Vice-chairperson Srinagar Development Authority in his compliance report has stated that for finalization of Srinagar Master Plan, a meeting of the authorities of SMC, LAWDA & SDA was convened in which the authorities of Jammu and Kashmir Chief Town Planning Organization also participated. 

It has been stated that because of the performance failure on part of the consultants namely SAI consultants, the Master Plan for 2012-2032 has not been finalized till date.


It is also stated that for the construction of Satellite Township at Rakh-e-GundAksha, the Government has transferred land measuring 4200 kanals and 19 marlas to SDA vide Government Order no: 191-HUD of 2000 dated 24.08.2000. 


The SDA report also said that possession of the land measuring 440 kanals has been taken over by the Authority and possession of 797 kanals is being taken over after the verification of the same is completed. It also stated that Secretary, Housing and Urban Development Department recently convened a meeting and directed the SDA to take possession of the remaining land measuring 797 kanals from the Kamas.


 “An amount of Rs. 1.60 crore has been paid to Kamas as improvement charges through Director Rakhs and Farms. It is further stated that information about 2200 kanals of land has been submitted to Revenue Department – for further verification. About land measuring 763 kanals, it is stated that same has been verified by Rakhs and Farms,” the report states.


It asked SDA to take over possession of land measuring 797 kanals without any further delay.

The Court directed that the Government shall take effective steps for finalizing the Master Plan. “SDA shall also pursue SAI Engineering Consultants to perform their job without further delay,” the court said.