Excelsior Correspondent
Srinagar, Nov 29: High Court today lambasted authorities for their discriminatory attitude in retrieving State land from encroachers by targeting poor and marginalized sections of the society only.
Divisional Commissioner Kashmir, Baseer Khan, in his status report said that 101371.19 kanals of Kahcharie and State land has been retrieved by Deputy Commissioners across Kashmir.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey, however, said that role of authorities in retrieving the land is discriminatory as they have axed poor and marginalized sections only.
“We are not satisfied with the steps taken by the authorities in performing their statutory duties and implementing the court orders. It appears that the axe of the authorities has fallen on the poor and marginalized section of the society”, reads the DB order.
Without giving details about the illegal conversion of agriculture land, Divisional Commissioner says that DCs have reported that the conversion of agriculture land is not being allowed and incase any violation is noticed it is being dealt in accordance with relevant provisions of law and if any construction is raised on the said land the same is being demolished without any lapse.
Court while hearing an application filed in a PIL on unabated conversion of agriculture land, observed that steps taken by the authorities are not satisfactory and sought fresh compliance report on the issue from the authorities and posted the matter for further hearing in the week commencing from December 27.
The court has already decided the PIL (Human Watch Vs State and Others) in the month of May this year on safeguarding and protection of agriculture and State land from encroachments and its conversion, with the direction to Government to appoint Divisional Commissioners of Kashmir and Jammu for implementing the provision of land laws including Supreme Court and High Court directions to save the agriculture land in the State.
Court had directed these authorities (Both Divisional Commissioners) to file their compliance report after every two months regarding protection of agriculture land and the land which has been retrieved from encroachments before the Registrar Judicial of Jammu High Court as well as Srinagar High Court
Court while closing the PIL had given liberty to anyone to approach the court in case the judgment is not implemented.
Court had also granted liberty to anybody for approaching the Divisional Commissioners about the violation of the laws and encroachments of the State land, Shamilat land or Kahcharie land.
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