Srinagar: The High Court of J&K and Ladakh has held that the exchange of proprietary land for encroached kahcharai is not permissible in Jammu and Kashmir now.
Dismissing a petition, seeking to grant permission in favour a person for exchange of proprietary land measuring 8 marlas in Khag Budgam in lieu of khacharai land measuring equal land, a bench of Justice Sanjay Dhar said: “It is clear that the exchange of proprietary land for encroached kahcharai land is not permissible now and the Deputy Commissioner concerned has no power to accept any such offer. ”.
In the absence of any legal basis or statutory framework for considering the offer of the petitioner, the court said, it would not be open to it to issue direction to the authorities to accept the offer of the petitioner.
The court’s direction came after it heard the parties through their counsel.
Counsel for the petitioner contended that the Government of Jammu and Kashmir has come up with a policy for protecting the rights of small land holders who are in possession of kahcharai land.
“As such, the possession of the petitioner over the land in question was required to be protected,” he said.
“In this regard it is to be noted that no such policy has been brought on record by the petitioner nor the particulars of any such policy have even been mentioned by him,” the court said.
“Even if there is any such policy, it shall be open to the respondents to deal with the case of the petitioner in accordance with such policy but the petitioner cannot seek direction upon the respondents to grant sanction for exchange of his proprietary land in lieu of kahcharai land as the same is not permissible in law.”