Excelsior Correspondent
Srinagar, July 23: High Court today directed the authorities to initiate proceedings for eviction of the state land and a stream by giving opportunity to the petitioner who are in possession of the land.
Justice Sanjeev Kumar observed that the petitioners may not have any right to occupy any land in Shamilat Deh, particularly, if it is impartible shamilat land reserved for common use of the village community, unless, they demonstrate by reference to any documentary evidence their right to own and possess the land in the village concerned proportionate to the Shamilat land under their possession.
The court directed the Deputy Commissioner Kulgam, to initiate fresh proceedings for eviction of the petitioners from the land and before coming to any conclusion provide an adequate opportunity to them to make their representation against the proposed action.
“The Deputy Commissioner, Kulgam as the case may be, shall, for identification of the subject land, may constitute a team of revenue officers for proper demarcation to be made in the presence of the petitioners. The petitioners shall also be permitted to file objections to the demarcation report if the same goes against them”, reads the judgment
Court also observed that the Revenue authorities have totally misdirected themselves and have issued multiple notices to the petitioners to vacate the unauthorized occupation of the subject land which has not only created confusion, but has deprived them of their right to put effective representation against the proposed action. “One would also find that the Tehsildar Kulgam and the Additional Deputy Commissioner Kulgam are constituting teams of revenue officers, one after another, to effect demarcation of the land of the petitioners which may suggest that even the revenue authorities are not very clear about the status and nature of exact land under occupation of the petitioners”, court recorded.
Court has clarified that in case the Deputy Commissioner, Kulgam after holding a complete enquiry in compliance with the principles of natural justice determines conclusively that the subject land is an unpartionable and impartible Shamilat Deh reserved for common use of the village community, he will pass appropriate orders for eviction of the petitioners and if he finds that the petitioners have occupied or encroached upon the Zimedari Kohl used by the villagers for irrigation purposes and existing on spot, he shall refer the matter to the authorities under the J&K Irrigation Act to initiate appropriate action for eviction of the petitioners for such kohl.
Court directed the entire exercise, shall be completed by the Deputy Commissioner Kulgam within a period of two months from the date a copy of this judgment is served upon him. “Till an appropriate order is passed by the Deputy Commissioner Kulgam, as the case may be, the parties shall maintain status quo with respect to the subject land”, reads the judgment.
As is held and reveals from the pleading court said since the petitioners do not have any valid title in even an inch of land in the village Laroo, as such ,there is no question of them staking claim to their share of Shamilat land and otherwise also, a person possessing 17 marlas of proprietary land in village and staking claim on Shamilat land on pro rata basis, is itself questionable.
Court recorded that the sale of immoveable property without there being a proper deed of conveyance duly stamped and registered before the competent Registration Authority is not permissible under the Transfer of Property Act. Similarly, the Shamilat land, which is reserved for common use of the villagers like graveyard/bathing ghats/wells/pathway/grazing ground, village fair and festivals is land which though, belongs to the village community is unpartionable. That being the nature of such Shamilat land, no villager can be permitted to put this land exclusively for his personal use.
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