Fayaz Bukhari
SRINAGAR, May 7: Jammu and Kashmir High Court today directed the State Government to protect the State land and retrieve it from encroachments in accordance with the Supreme Court directions.
In order to protect the State land and Kahcharai land throughout the State from the encroachers and retrieve it, if already encroached, Justice Ali Mohammad Magrey held that State functionaries are duty bound to remove encroachments from the State land and Kahcharai wherever it exists.
Hearing a petition wherein petitioner sought directions upon the Revenue authorities to take effective steps to stop the encroachments on big chunk of ‘Kahcharai Land’ situated in district Shopian. Justice Magrey directed the Revenue authorities to retrieve the Kahcharai land and other State land in terms of Supreme Court directions.
“Having regard to what has been stated hereinbefore, the writ petition is disposed off with a direction to respondents to ensure retrieving of Kachharai land and other State land from its encroachers with reference to implementation of judgment passed by the Apex Court”, directed the court.
Court while deciding the matter held responsible State functionaries for removing the encroachments by invoking the relevant Rules and Acts in this regard. “It is a bounden duty of the State respondents to remove encroachments from the State land especially Kahcharai land wherever it exists and in doing so they do not need any specific direction as there exists a ‘fool proof’ mechanism in the shape of relevant Rules and Acts those need to be followed in this behalf”, court said.
Court while expressing its serious concern over the failure of Government in saving the State land and kahcharai land from the encroachers said that occupying the land illegally by the encroachers and allowing the encroachers to retain it would amount to authorizing the wrong.
“This court has time and again, maintained that it cannot act as a mute spectator to whatever wrong is brought to its notice, in fact, all endeavors shall be made to ensure that majesty of law is not only protected but uplifted also”, court observed.
Court warned the officials that while holding the public office, obey to the rules and norms and do not indulge in facilitating the wrong. “Respondents who are holding public office are governed by certain set of principles are also expected to adhere to the established norms and do not indulge in or facilitate the activities leading to instances of the nature this writ petition brings to light. They are expected to be the facilitators of good common cause and not the vice versa”, court warned.
Addressing the arguments before the court both counsels appearing on behalf of petitioner as well as private respondents (encroachers) agreed in principle that there should be no room of permitting anybody to illegally possess the Kahcharai land or a State land in disregard of all established procedures and regulations.
It was on the directions of court that Deputy Commissioner, Shopian, in his compliance report has submitted that petitioner is also in illegal possession of 16 kanals of shamilat land and private respondents are in illegal possession of kahcharai land having constructed a residential house on it.
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