Excelsior Correspondent
SRINAGAR, June 4: The High Court has directed for eviction of senior All India Congress leader and its former president, Peerzada Mohammad Sayeed, from the 10 marlas Kahcharaie land situated at Friends Enclave Humhama in Budgam district.
Follow the Daily Excelsior channel on WhatsApp
Peerzada had filed a petition seeking therein a direction upon the authorities not to damage the present structures existing on spot in the land in question identified as “N-23” to the extent of 10 marlas adjoining to his Plot No.N-21 in the friends enclave colony and further restraining the respondents from illegally evicting him from the above said land.
The Cong leader and MLA asserted that since some 09-10 marlas of land adjoining the said plot No. 21, marked as “N-23” by the J&K Cooperative Housing Corporation Limited, was vacant and, in order to secure his residence constructed over Plot No.21, he had constructed a shed over the said land for security personnel, besides a lavatory block; that, thereafter, an application was submitted by him to the J&K Cooperative Housing Corporation Limited for allotment of this portion of land adjoining his plot and, accordingly, vide No. JKGC/3/ Humhama/2128-29 dated 20th of November, 2010, the said piece of land was also allotted to him, in recognition of security concerns.
Peerzada pleaded that, all of a sudden, on the instructions of the Divisional Commissioner Kashmir, the local revenue officials came on spot and damaged the surrounding wall of the above said adjoining land “N-23” and also damaged the shed constructed by him.
The dispute appears to have arisen when the respondents had gained the knowledge of the fact that the Petitioner has encroached upon 17 marlas of Kahcharaie land, adjoining the plot allotted to him, by taking law into his own hands and has, without any authority of law, started raising construction upon it.
The authorities initiated proceedings against the Cong leader for removing the said encroachment upon the Kahcharaie land. In such a situation, he is stated to have raised his claim before the respondents over the said Kahcharaie land by making an offer of exchange of his proprietary land.
Justice M A Chowdhary while closing his plea said that Peerzada knew that this strip of land was Kahcharaie land, as such, he applied to the District Collector, Budgam to allot him Kahcharaie land in exchange.
The application of the Cong leader submitted to the District Collector for exchange had been considered by him and, vide Order dated 27th of June, 2016, the same was found as without any ground, in view of the fact that the Petitioner had not proposed any specific proprietary land, in exchange and, therefore, the application was rejected.
A Committee of Revenue officials, headed by Tehsildar Budgam, had been constituted by the District Magistrate, which found the land in question having been encroached upon by the Petitioner as Kahcharaie land.
“The Petitioner is, thus, found to be in unauthorized possession of the land in question, which is Kahcharaie in nature, and the Respondents are at liberty to seek eviction or removal of the said encroachment from the land in question in accordance with law”, Justice Chowdhary said and directed that that the Petitioner shall not be evicted without following due course of law.
Follow our WhatsApp channel
