Excelsior Correspondent
Srinagar, Dec 24: Observing that the Kahcharai (grazing) land is meant to be used for the purpose it is reserved for unless its conversion to some other use is authorized by the competent authority after following due process of law and the villagers cannot be permitted to occupy it and directed illegal occupants on such land be removed in due process of law.
Justice Sanjeev Kumar dismissed the petition filed by an Auqaf Committee said the village Salia in district Anantnag has a huge chunk of grazing land and the same cannot be put to any use other than for the purpose it is reserved for.
Court said that no villager who may otherwise have right or interest in partible Shamilat Deh land is permitted, in law, to encroach upon this land for his or her exclusive use. “The general public is thus vitally interested to protect this land from any illegal encroachment by villagers or any other stranger”, Court said.
There is, however, no dispute on a portion of land which has been put to general public use and Government buildings like Government Higher Secondary School Salia, Primary Health Centre, two middle schools and a quarter of forest protection force have comp up thereon.
The petitioners claim in the petition that they have no grouse or grievance with regard to utilization of kahcharai land for public purpose but they cannot tolerate to attempt of some vested interest to encroach upon on some portion of the land in question for exclusive use.
It is submitted by them that the Revenue authorities including DC Anantnag has illegally and unauthorizedly accorded sanction to the exchange of kahcharai land to some person with proprietary land and they challenged the said action before the Special Tribunal but plea came to be dismissed there.
“I am of the view that the order of Special Tribunal falls within the four corners of law and, there, does not call for interference by this court in exercise of extraordinary writ jurisdiction”, Justice Kumar said.
Court said that the villagers cannot be permitted to occupy land reserved for grazing purpose or for a common purpose other than for grazing.
Court said that the petitioners who are themselves unauthorized occupants of land cannot be heard to raise voice against exchange of land ordered by competent authority. “The officials shall do well to ensure the protection of Kahcharai land in the village and see that all illegal occupants thereon are removed by following due process of law”, Court directed.
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