*Upholds ban on Kahcharaie land exchange
Excelsior Correspondent
JAMMU, Feb 20: The High Court of Jammu & Kashmir and Ladakh has upheld the statutory ban on exchange of Kahcharaie (Shamilat Deh) land, dismissed an intra-court appeal and reiterated that encroachments over village common land cannot be legalised under the garb of land exchange.
A Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem dismissed LPA No. 21/2023, affirming the earlier writ court judgment which had declined the appellant’s plea for exchange of Kahcharaie land with proprietary land in village Pariswani, Tehsil Kwarhama, district Baramulla.
The court held that after the amendment to Section 133(2) of the J&K Land Revenue Act on October 26, 2020, the Collector no longer has the statutory competence to permit exchange of proprietary land with Kahcharaie land. In the absence of any enabling legal provision, the Bench ruled, no writ of mandamus can be issued to compel authorities to consider or allow such exchange.
Rejecting the appellant’s argument that his application was moved prior to the amendment, the court observed that mere pendency of an application does not create any vested right. It further noted serious contradictions in the appellant’s claims regarding the date of application and the absence of documentary proof establishing ownership or lawful possession of the land offered for exchange.
The Bench also took note that the appellant had admitted to being a minor at the time of moving the application and had failed to show that the process was undertaken through a legally appointed guardian, rendering the claim untenable in law.
Placing reliance on the Supreme Court’s ruling in Jagpal Singh Versus State of Punjab, the High Court underscored that village common lands are meant for collective use and that regularisation of encroachments over such land is impermissible. The appeal was accordingly dismissed as devoid of merit and all interim directions were vacated.
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