Srinagar, June 7: The High Court has ordered a ‘status quo’ on possession of the land regarding the construction of a ring road in central Kashmir’s Budgam district.
“Until further orders of this court, parties are directed to maintain status quo with regard to the nature and possession of the land in dispute,” a division bench of Chief Justice PankajMithal and Justice VinodChatterji said in its order. The Court ordered status quo on the disputed land while hearing a petition seeking directions to restrain authorities from interfering with the said land. Meanwhile, the court issued notice on the petition filed by the aggrieved persons.
The contention of the petitioners is that their land was notified to be acquired under Section 4 of the Land Acquisition Act way back in the year 2017, but till date final notification has not been published and, as such, proceedings have “lapsed”. They argued that neither possession of the land was taken from them nor were they paid any compensation in terms of any award or under Section 17 of the Land Acquisition Act.
They submitted that the possession of the land continued with them without any disturbance and that this fact was evident for KhasraGirdawari and Jamabandi being recorded by the Revenue Agency every year in terms of Revenue laws.
The petitioners who approached the court in representative capacity included Ghulam Ahmad Paul of Duhermuna, Ghulam Hassan Sheikh of Budgam, Ghulam Ali Darzi of IchgamBudgam, Ali Muhammad Wani of WadwanBudgam, GhulamMurtaza Mir of Khandah and Muhammad AkramBhat of PaimusBudgam.
After hearing the petitioners through their counsel M Y Bhat, the bench asked Senior Additional Advocate General B A Dar to seek instructions and file a counter affidavit within six weeks. “Two weeks thereafter are allowed to the petitioners to file a rejoinder affidavit. Other respondents may also file their reply before the next date of hearing,” the court said and listed the plea on September 13.